Probable Cause: The Same for All Crimes?
Suppose that a magistrate is asked to issue a search warrant for a particular residence. Based on the information presented to her by the applicant, the magistrate believes that there […]
DWLR as a Grossly Aggravating Factor for DWI Sentencing
Grossly aggravating or just grossly confusing? When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]
News Roundup
The United States Supreme Court decided a big Confrontation Clause case yesterday. I hope that Jessie Smith will do a full recap and analysis of it, but the central holding […]
The SORNA-Compliance Dog That Didn’t Bark
Back in April I wrote this post about a pending bill (H 772) that was intended to bring North Carolina into compliance with the federal Sex Offender Registration and Notification […]
Requests for Blood in Death by Vehicle Cases
G.S. 20-141.4 sets forth six offenses based upon the unlawful killing or injuring of another during the commission of a motor vehicle offense. All but one of these death or […]
Davis v. United States and the Future of the Exclusionary Rule
Virtually all courts interpreted Belton v. New York, 453 U.S. 454 (1981), to authorize a law enforcement officer to search the passenger compartment of a motor vehicle incident to the […]
J.D.B., the Supreme Court, and Miranda
As I noted last week, the Supreme Court of the United States just decided J.D.B. v. North Carolina, an important Miranda case. I blogged about the case here when it […]
News Roundup
It isn’t often that a criminal law decision by the United States Supreme Court is an above-the-fold front page story in the News and Observer, but that’s the situation today. […]
What Not to Do in an Impaired Driving Case (Post II)
The first post in this series discussed State v. Taylor. This one recounts the what not to do lessons from last week’s court of appeals’ decision in State v. Petty […]
Options for Pregnant Inmates
One of my colleagues recently tipped me off to a great article in the Journal of the American Medical Association by Dr. Jennifer G. Clarke entitled Perinatal Care for Incarcerated […]