Recent Blog Posts Page 326 on North Carolina Criminal Law Blog

No single story dominated the criminal law world this week, but that doesn’t mean that it was a dull week by any stretch of the imagination. 1. The News and […]

Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so […]

In Stone Free, Jimi Hendix sang: “You can’t hold me down.” Perhaps it’s no surprise but criminal procedure doesn’t conform to Hendrix’s lyrics. As illustrated by the recent case State […]

G.S. 20-138.1(a)(2) prohibits a person from driving a vehicle upon a highway, street or public vehicular area after having consumed sufficient alcohol that the person has, at any relevant time […]

I’ve had a huge number of calls about one particular aspect of S.L. 2011-268, the omnibus gun rights bill enacted during the recently completed legislative session. The provision in question […]

The national media has been buzzing all week about the execution of Troy Davis in Georgia. Davis was convicted of killing off-duty police officer Mark MacPhail. I haven’t followed the […]

The Justice Reinvestment Act (S.L. 2011-192) creates a new program called Advanced Supervised Release (ASR).  Through it, certain inmates will be eligible for release from prison before serving their minimum […]

Eating the evidence might yield a stomach ache but it won’t ensure an acquittal. That is the lesson learned from State v. James, a case recently decided by the N.C. […]

These days, it seems as though there’s a trial of the century every week or two. Media coverage of court proceedings has never been more intense, even with Nancy Grace […]

In 1985, the General Assembly reclassified certain minor traffic violations as a new type of non-criminal violation, termed an infraction. S.L. 1985-764. Though the legislation provided that infractions were to […]