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 […]
Credit for Work and Educational Programs in the Jail
One of the goals of the Justice Reinvestment Act is to have more misdemeanants serve their time in the county jail instead of the Department of Correction. I’ll write soon […]
News Roundup
The grim recent news out of Norway has spawned interesting commentary this week. The New York Times summarizes the basic facts: “at least 76 people were killed in the bombing […]
Post-Release Supervision for Aggravated Level One DWI Offenders
Shea Denning summarized S.L. 2011-191, Laura’s Law, in a prior post. To recap, the law adds a new punishment level for impaired driving sentencing, Aggravated Level One (hereinafter Level A1), […]
Jury Instructions on Lesser Included Offenses
A recent question prompted me to research when a superior court judge should instruct the jury on a lesser included offense. The general standard is that a judge should do […]
Crime Against Nature
Crime against nature is usually an “add on” to other charged sexual assaults, such as forcible or statutory sexual offense and indecent liberties with a child. In this post, I’ll […]
Multiple Counts of Possession of a Firearm by a Felon
G.S. 14-415.1 makes it unlawful for “any person who has been convicted of a felony to . . . possess . . . any firearm,” with limited exceptions. In State […]
News Roundup
Although the furor about the Casey Anthony trial has generally died down, I am going back to the well one more time, because of this New York Times story. Briefly, […]