No, Virginia, there is no implied consent
I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits […]
The Under Supervision Bonus Point for Sentencing
Yesterday’s post was about the prior record point that applies when all the elements of the offense being sentenced are included in one of the defendant’s prior offenses. Today’s post […]
The Same Elements Bonus Point for Sentencing
In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One […]
Lance Armstrong
Cyclist Lance Armstrong has recently confessed to using performance enhancing drugs during each of his seven Tour de France victories. Public discussion has focused on whether his apology, during an […]
News Roundup
Just as the snow has been battering the mountains, the recession has been battering the courts. So says this article on NC Policy Watch, which summarizes the impact: “[C]lose to […]
State v. Wilson: Constitutional Violations Associated with DWI Blood Draw Not a Basis for Dismissal of Charges
Kelvin Wilson’s DWI case made the front page of Lawyer’s Weekly last January. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted […]
Court of Appeals Holds that CDL Disqualification Bars DWI Prosecution
I’m not buying a lottery ticket this week. The court of appeals’ opinion in State v. McKenzie, published yesterday, casts serious doubt on my wagering skills. And if my wagers […]
Diminished Capacity
Diminished capacity is among the most commonly asserted defenses, particularly in first-degree murder cases, but I realized yesterday that I had never blogged about it. Today, I will remedy that. […]
Portion of Sex Offender Premises Restriction Held Unconstitutional
Happy New Year! I feel like I spent most of 2012 talking about Justice Reinvestment. Let’s start 2013 with a more agreeable subject—like sex offenders. In one of its final […]
News Roundup
New Governor Pat McCrory may be more focused on economic policy than on the courts and criminal justice, but he’s still done several things in his first days in office […]