Jeff previously posted his “cocktail party review” of significant criminal law legislation passed this year by the North Carolina General Assembly, or at least legislation people might be interested in […]
About a year and a half ago I did a blog post here about trial in the defendant’s absence. The recent Court of Appeals case, State v. Anderson, suggests that […]
Can you name all nine Justices of the United States Supreme Court? Take a moment and test yourself before you read on. How did you do? If you were able […]
Jeff wrote earlier this week about the court of appeals’ opinion in State v. Osterhoudt (August 21, 2012). Jeff’s post dealt with the court’s substantive analysis of whether the police […]
A probation violation must be willful. In this prior post I wrote about the burden-shifting process in which the State must prove to the court’s reasonable satisfaction that a violation […]
A good rule of thumb is that most interesting impaired driving appeals come from Pitt County. Whether that is related to ECU’s ranking as a top five “party school,” I […]
A fatal defect in an indictment occurs when the indictment fails to allege an essential element of the crime charged. A fatal variance, by contrast, occurs when the facts brought […]
I’ve been traveling a fair bit lately, which made me especially receptive to this story about things the TSA has found on air passengers or in their luggage this year. […]
A criminal indictment must allege an offense date. G.S. 15A-924(a)(4) provides that a criminal pleading must contain “[a] statement or cross reference in each count indicating that the offense charged […]
I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, […]