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The internet sweepstakes soap opera took a dramatic turn this week. An employee of a Davidson County sweepstakes business was charged with violating the recently-upheld sweepstakes law, G.S. 14-306.4. The […]
In last week’s news roundup, Shea mentioned Doe v. Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s […]
I have been asked several times whether the state may admit, under N.C. R. Evid. 404(b), evidence of noncriminal conduct. The answer is yes, assuming of course that the evidence […]
Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably […]
A six-year battle in Minnesota regarding the reliability of breath test results in impaired driving cases in light of alleged defects in the testing instrument’s source code ended last summer. […]
The North Carolina Supreme Court granted Wednesday the state’s petition for a writ of supersedeas to stay enforcement of the court of appeals’ judgment in State v. McKenzie, ___ N.C. […]
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 […]
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 […]
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 […]
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 […]