News Roundup (December 7, 2012)
Jeff Welty
Hot sauce, simulated sex, and echoes of the notorious Abu Ghraib prison are allegedly involved in one of this week’s most disturbing stories. Yahoo! News reports here that six inmates […]
Shaming Sanctions (December 6, 2012)
Jamie Markham
“Only an idiot drives on the sidewalk to avoid a school bus.” So read a sign that an Ohio judge ordered a woman to wear after being convicted for the […]
Man’s Constructive Possession of the Contents of a Woman’s Purse (December 5, 2012)
Jeff Welty
May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, […]
Criminal Lawyer Gives a Priceless Gift (December 4, 2012)
Jeff Welty
This Gallup survey reports that Americans view lawyers negatively. Perhaps the survey respondents should get to know Chris Beechler, a criminal defense attorney from Winston-Salem. This Winston-Salem Journal article describes […]
California Tackles Substitute Analysts Post-Williams (December 3, 2012)
Jessica Smith
In a paper here I analyze Williams v. Illinois, the U.S. Supreme Court’s latest confrontation decision on substitute analyst testimony. Because Williams was a fractured opinion in which no rationale […]
News Roundup (November 30, 2012)
Jeff Welty
A new justice is coming to the North Carolina Supreme Court. Justice Patricia Timmons-Goodson is stepping down, and Governor Perdue says that she will appoint a successor. She plans to […]
Limited Driving Privileges Following Out-of-State DWI Convictions (November 29, 2012)
Shea Denning
I’ve written several posts (the latest one here) about the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving in […]
Cyberstalking and the 48 Hour Rule (November 28, 2012)
Jeff Welty
G.S. 14-196.3 prohibits “cyberstalking,” which the statute generally defines to mean using electronic communications to threaten, extort, make an abusive or embarrassing false statement about, or repeatedly harass another person. […]
Sentencing Rules for Rape and Sexual Offense Against a Child by an Adult Offender (November 27, 2012)
Jamie Markham
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under […]
Delivery of a Controlled Substance and the “Pot Exception” (November 26, 2012)
Jessica Smith
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a […]