Recent Blog Posts Page 334 on North Carolina Criminal Law Blog

Yesterday, in United States v. Portillo-Munoz, the Fifth Circuit held that illegal immigrants do not have Second Amendment rights. The defendant in the case was charged with being an illegal […]

I was walking my dog this weekend when a neighbor stopped me for one of those “hey, you’re a lawyer” conversations that always seems to involve an area of law […]

The General Assembly continues to move swiftly. Its budget is on the Governor’s desk, so legislators have turned their attention to other matters. For example, S 756, which would eliminate […]

If I were to compile guidance for law enforcement officers and judges on “what not to do” in an impaired driving case, I’d be sure to include excerpts from two […]

The Court of Appeals released several criminal law opinions yesterday. One that caught my eye was State v. Merrell, __ N.C. App. __ (2011). In a nutshell, the defendant was […]

In State v. Bowden, 193 N.C. App. 597 (2008), disc. rev. improvidently allowed, 363 N.C. 621 (2009), and Jones v. Keller, 364 N.C. 249 (2010), our appellate courts considered the […]

The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. […]

According to the News and Observer, plea negotiations regarding former Senator John Edwards have not resulted in an agreement, and Edwards “was indicted today [editor’s note: literally, an hour or […]

Reckless driving is among the most commonly charged, and most broadly defined, motor vehicle offenses. Three types of reckless driving, all Class 2 misdemeanors, are defined in G.S. 20-140. First, […]

I wrote a paper about motor vehicle checkpoints last year. It’s available here. Once in a while, I get asked about so-called ruse checkpoints, a subject that I didn’t address […]