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, […]
Changes to Post-Release Supervision for Sex Offenders
I mentioned in my previous post that the Justice Reinvestment Act (JRA) is not the only new legislation that impacts post-release supervision (PRS). This post looks at S.L. 2011-307, which […]
Running from the Police Revisited
Earlier this month, the court of appeals decided State v. Joe, __ N.C. App. __ (2011) (Stephens, J.). A Winston-Salem officer was patrolling a drug-infested apartment complex at 2:00 in […]
Changes to Post-Release Supervision on the Way
Under existing law, only Class B1 through E felonies get post-release supervision (PRS). They are released from prison “on the date equivalent to [their] maximum imposed prison term less nine […]
New Crimes Protecting Unborn Children
New legislation this year creates a handful of new homicide and assault crimes protecting unborn children. S.L. 2011-60. The term “unborn child” “means a member of the species homo sapiens, […]