News Roundup
The lead story from last week’s news roundup is back again: Chapel Hill’s ban on using cell phones while driving. It appears from this News and Observer story that Superior […]
Consecutive Sentences for Misdemeanors Sentenced at Different Times
In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length […]
Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)
Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for […]
Must Officers’ Prior Misconduct Be Disclosed in Discovery?
I’ve had a whole bunch of phone calls lately raising the same basic issue: suppose that a prosecutor is aware that an officer has been dishonest or has engaged in […]
Jury Argument — Part I
Issues regarding the permissible scope of jury argument are becoming commonplace in N.C. criminal cases. In a series of posts, I’ll address some recurring issues that arise regarding the content […]
News Roundup
It is still safe – legally speaking – to drive around Chapel Hill while talking on a cell phone. Recall that the town has banned cell phone usage while driving, […]
Strip Searches of Arrestees at the Jail after Florence
I’m just getting back to work after a leave of absence, and I’m still getting caught up on some major cases that were decided while I was out. One such […]
DWI Parole: How Does It Really Work?
A few months ago, I taught a session on DWI sentencing to a group of judges. As part of that session, I reviewed the rules for determining the parole-eligibility of […]
Supreme Court Update
Today, I wanted to note two timely and interesting items concerning the United States Supreme Court. First, the Court just granted certiorari in Chaidez v. United States, a case that […]
Child Victims and the Medical Diagnosis and Treatment Hearsay Exception
Child victim cases often present an array of challenging evidence issues. In a paper here I addressed many of those issues. One common question that folks contact me about is […]