A Trap for the Unwary Prosecutor
In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ […]
Out-of-State Requests for in-State Medical Records
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records […]
The Skinny on Substance Abuse Assessment and Treatment for DWI Offenders
When a person’s license is revoked for certain offenses involving impaired driving, the person must, before his or her license may be restored, obtain a substance abuse assessment and complete […]
News Roundup
The top story of the week was really several stories — the News and Observer’s three-piece series on Tracey Cline, the District Attorney in Durham County. As a Durham voter, […]
Connected Crimes
The court of appeals decided State v. Howard earlier this week. The opinion addresses several issues, but I want to focus on what is sometimes called the connected crimes doctrine, […]
Domestic Violence Cases and the 48 Hour Rule
Under G.S. 15A-534.1, when a defendant is charged with assault, stalking, communicating threats, or certain other crimes against “a spouse or former spouse or a person with whom the defendant […]
Embezzlement vs. Larceny by Employee
I’ve been asked several times recently whether a particular set of facts should be charged as embezzlement, in violation of G.S. 14-90, or as larceny by employee, in violation of […]
News Roundup
Several high profile murder trials are headed for a conclusion in the near future. The News and Observer covers the Robert Stewart trial here (the defendant admits killing eight people […]
On the Horizon: U.S. Supreme Court to Decide Another Substitute Analyst Case
In a post here, I wrote about the U.S. Supreme Court’s decision in Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011), holding that substitute analyst testimony in an impaired […]
Lee v. Gore: Averment of Willful Refusal Necessary before DMV Can Revoke
The North Carolina Supreme Court decided Lee v. Gore last Friday, affirming the court of appeals and holding that DMV lacked authority to revoke the petitioner’s driving privileges pursuant to […]