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The Supreme Court of North Carolina recently decided State v. Mbacke, an important case about searches incident to arrest. I mentioned Mbacke briefly in this prior post, which noted that […]
The lead story in the January 30, 2012 issue of North Carolina Lawyer’s Weekly was headlined “Necessary’s Restraint: The night police officer Richard Necessary sat on a drunk-driving suspect in […]
Our appellate courts spend a lot of time writing about restitution. Consequently, so do I. Prior posts discuss some of the thornier restitution issues that come up from time to […]
The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of […]
Last week’s top stories are still going, including litigation under the Racial Justice Act in Fayetteville. The Fayetteville Observer’s latest story is here, summarizing the testimony of the state’s statistician. […]
Several years ago, I blogged about a case in which the government sought to compel a criminal defendant to provide the password to his encrypted computer, or at least, to […]
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
A recent en banc decision from the Supreme Court of Missouri adds to the growing divide among state appellate courts regarding whether the exigency created by the dissipation of blood-alcohol […]
I’ll willing to bet that most of you sang these lyrics as a child: “You put your right hand in, You put your right hand out, You put your right […]
All roads lead to Fayetteville. Now, there’s a sentence I never thought I’d type. But this week, it’s true. Mainly, the first evidentiary hearing in a Racial Justice Act case […]