The New Terrorism Offense
Concluding that current State criminal statutes “do not sufficiently recognize the increased danger to the public and do not sanction appropriately acts of terrorism,” S.L. 2012-38, the General Assembly recently […]
Collateral Consequences Assessment Tool
The School of Government recently launched the Collateral Consequences Assessment Tool (C-CAT). But, what is a collateral consequence assessment tool? For that matter, what is a collateral consequence? The Collateral […]
State v. Gorman and Improper Extensions of Probation
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
News Roundup
Apparently the Supreme Court issued some sort of decision this week about broccoli, or health insurance, or something. But it wasn’t all mandates and Medicare: there were several significant criminal […]
Miller v. Alabama: Implications for North Carolina
My previous post summarized Miller v. Alabama, the Supreme Court’s recent case holding that a sentencing regime in which life without parole (LWOP) is mandatory for a murder committed by […]
Miller v. Alabama
Most people were disappointed that the Supreme Court did not release the health care ruling on Monday. I, on the other hand, was excited to read Miller v. Alabama, a […]
Braswell
Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes […]
Don’t Look a Gift Horse in the Mouth
As I explain in more detail here, notice and demand statutes allow the State to obtain a constitutional waiver of confrontation rights so that forensic lab reports and related items […]
News Roundup
The biggest news locally this week was the General Assembly’s passage of S 416, which will dramatically alter, if not effectively repeal, the Racial Justice Act. I summarized the bill […]
Notice of Implied Consent Rights: West Coast Edition
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a […]