Recent blog posts - 299 of 398

Many veteran prosecutors know the rule, “plead in the conjunctive.” In other words, in an indictment or other charging document, join different theories of the crime with the word “and” […]

Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses.  In addition to taking into account all of the factors […]

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 […]