Fourth Circuit Adds to the Controversy over Traffic Stops
I’ve written about traffic stops at some length, in this paper. One of the areas in which the law is unsettled is the extent to which officers may engage in […]
Spot Sentencing
Every cell on the felony sentencing grid is divided into three ranges of permissible minimum sentences—mitigated, presumptive, and aggravated. Most defendants (69 percent) are sentenced in the presumptive range, about […]
News Roundup
Earthquakes, hurricanes, and other natural disasters have been top-of-mind for most North Carolina residents this week. Not for me, though. I have remained focused like a laser beam on tracking […]
How to Take a Waiver of Counsel
[Editor’s note: For a discussion of waivers in the context of probation violation proceedings, see Jamie Markham’s recent post here.] In the last batch of N.C. Court of Appeals’ decisions […]
DWI Sentencing Changes
In addition to enacting the aggravated level one punishment for impaired driving discussed here, the 2011 General Assembly amended the requirements for imposing a Level One impaired driving sentence, effective […]
Concealment in Plain Sight?
As I mentioned in a recent post, I really enjoy working with magistrates, in part because of the excellent questions they ask. Here’s one that came up recently: if a […]
Waivers of Counsel at Probation Violation Hearings
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of […]
News Roundup
[Editor’s note: I’m on vacation Friday, so I’m posting this roundup Thursday night.] We welcomed a group of new magistrates at the School of Government this week. I like working […]
Armed Robbery by an Unarmed Defendant
The court of appeals recently held that a defendant who was initially unarmed, then stole a weapon from a victim, was properly convicted of armed robbery because the defendant was […]
The New Law of Self Defense?
[Editor’s note: John is the author of The Law of Self-Defense in North Carolina, an in-depth analysis of North Carolina’s approach to the use of defensive force. It’s available for […]