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 […]
News Roundup
The stock market dropped like a rock yesterday, but it shouldn’t take famous litigator David Boies long to make up his losses. He’s just increased his billing rate to $1,220 […]
References to the Defendant’s Assertion of Miranda Rights
Sometimes the state wants to introduce evidence that the defendant invoked his right to remain silent or his right to counsel under Miranda. If the prosecution’s purpose is simply to […]
S.L. 2011-385 Targets Unsafe Driving by Teenagers
Fifteen years ago, the General Assembly enacted S.L. 1997-16, implementing graduated driver’s licenses requirements for people under the age of 18, who are termed provisional licensees. Pursuant to G.S. 20-11, […]
Prior Record Level for Possession of a Firearm by a Felon
The court of appeals issued opinions today. I haven’t looked at all of them, but State v. Best jumped out at me because it provides an authoritative answer to a […]