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 […]
Maintaining a Dwelling — Part II
The crime of maintaining a dwelling has four elements. To be guilty, a person must: (1) knowingly (2) keep or maintain (3) a store, shop, warehouse, dwelling house, building, vehicle, […]
Maintaining a Dwelling
The crime of Maintaining a Store, Dwelling, Vehicle, Boat, or Other Place for Use, Storage, or Sale of Controlled Substances is a common one. In fact, AOC statistics show that […]
News Roundup
What a strange week. London’s burning, and almost 15,000 young Britons have been taken into custody; the stock market’s gone unhinged; and weirdest of all, one of the top professional […]
Qualifying Convictions for Purposes of Habitual DWI
G.S. 20-138.5(a) provides that “[a] person commits the offense of habitual impaired driving if he or she drives while impaired as defined in G.S. 20-138.1 and has been convicted of […]
Expert Discovery
For a variety of reasons, I’ve spent some time recently looking at expert discovery in criminal cases. I thought I’d put together a short summary of the law. The discovery […]
Drug Trafficking Chart
Jeff mentioned in this prior post that S.L. 2011-12 created three new drug trafficking crimes—trafficking in MDPV, mephedrone, and synthetic cannabinoids. I have incorporated those new crimes (effective for offenses […]
Certificate of Relief from Collateral Consequences of a Criminal Conviction
In 2010, the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws) adopted the Uniform Collateral Consequence of Conviction Act to assist states in […]