News Roundup
According to a recent AP poll, discussed here, only 8% of Americans said that they felt very confident about the “people who are running” blogs, while 47% lacked confidence in […]
Willfulness of Probation Violations
It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]
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 […]