News Roundup (August 24, 2012)
Jeff Welty
Can you name all nine Justices of the United States Supreme Court? Take a moment and test yourself before you read on. How did you do? If you were able […]
State v. Osterhoudt and motions procedures in implied consent cases (August 23, 2012)
Shea Denning
Jeff wrote earlier this week about the court of appeals’ opinion in State v. Osterhoudt (August 21, 2012). Jeff’s post dealt with the court’s substantive analysis of whether the police […]
Is Being Homeless a Probation Violation? (August 22, 2012)
Jamie Markham
A probation violation must be willful. In this prior post I wrote about the burden-shifting process in which the State must prove to the court’s reasonable satisfaction that a violation […]
Stopped for “Normal” Driving (August 21, 2012)
Jeff Welty
A good rule of thumb is that most interesting impaired driving appeals come from Pitt County. Whether that is related to ECU’s ranking as a top five “party school,” I […]
Fatal Variance — Use It or Lose It (August 20, 2012)
Jessica Smith
A fatal defect in an indictment occurs when the indictment fails to allege an essential element of the crime charged. A fatal variance, by contrast, occurs when the facts brought […]
News Roundup (August 17, 2012)
Jeff Welty
I’ve been traveling a fair bit lately, which made me especially receptive to this story about things the TSA has found on air passengers or in their luggage this year. […]
Alibi Defense Doesn’t Mean the State Can’t Amend the Offense Date (August 16, 2012)
Jessica Smith
A criminal indictment must allege an offense date. G.S. 15A-924(a)(4) provides that a criminal pleading must contain “[a] statement or cross reference in each count indicating that the offense charged […]
All You Ever Wanted to Know about DWI Sentencing But Were Afraid to Ask (August 15, 2012)
Shea Denning
I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, […]
Back and Forth on Visual Estimates of Speed (August 14, 2012)
Jeff Welty
Can an officer’s visual estimate of a vehicle’s speed, uncorroborated by radar, pacing, or other techniques, support a speeding stop? The Fourth Circuit has been whipsawing back and forth on […]
Fascinating Footnote 3 (August 13, 2012)
Jeff Welty
The most famous footnote in all the world is generally acknowledged to be footnote 4 in United States v. Carolene Products Company, 304 U.S. 144 (1938). That footnote introduced to […]