Weaving and Reasonable Suspicion (March 14, 2012)
Jeff Welty
Two recent cases from the court of appeals have added to our state’s weaving jurisprudence. One of them is a pretty big deal, as I’ll explain below. But first, the […]
What Is The Date of a Prior Impaired Driving Conviction under G.S. 20-179? (March 13, 2012)
Shea Denning
I ended last week’s post by noting that the date on which a prior impaired driving conviction occurs for purposes of the seven-year-look-back period in G.S. 20-179(c)(1)(a) may not be […]
No Relief from Fair Sentencing (March 12, 2012)
Jessica Smith
In a post here Jamie discussed whether a defendant who was sentenced under the Fair Sentencing Act (FSA) can successfully bring a motion for appropriate relief asserting that he or […]
News Roundup (March 9, 2012)
Jeff Welty
The New Hanover County courthouse was closed yesterday to deal with “bedbugs . . . discovered by court personnel,” the News and Observer reports here. Yuck. In other news: 1. […]
Court Strikes Down Internet Sweepstakes Ban (March 8, 2012)
Jessica Smith
In a post here, Jeff updated you on the dueling superior court decisions on whether G.S.14-306.4—the internet sweepstakes ban—is constitutional or not. The Court of Appeals recently resolved the conflict, […]
When Is a Prior Impaired Driving Conviction Final Enough to Be Counted Under G.S. 20-179? (March 7, 2012)
Shea Denning
As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of […]
Legal Apps (March 6, 2012)
Jeff Welty
The School of Government is considering whether to enter the world of smartphone and tablet apps as a vehicle for conveying legal information. Given my love of gadgets, you can […]
“Show Me the Money”: Specific Performance of a Plea Agreement (March 5, 2012)
Jessica Smith
Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters […]
News Roundup (March 2, 2012)
Jeff Welty
There’s a lot going on this week! The removal hearing in Durham concerning District Attorney Tracey Cline has ended, with Superior Court Judge Robert Hobgood promising a decision Friday morning. […]
The New Single Sentence Rule (March 1, 2012)
Jamie Markham
A while ago I wrote this post about the “single sentence rule,” the statutory directive that tells the Division of Adult Correction (DAC) how to administer consecutive sentences. Under G.S. […]