United States v. McNeill and How to Count Prior Convictions
The Supreme Court of the United States recently granted certiorari in a case originating out of North Carolina. United States v. McNeill, 598 F.3d 161 (4th Cir. 2010), cert. granted, […]
Accessory after the Fact: A Recent Decision Creates Confusion
Suppose John Jones shoots Victim. Sam Smith, who had nothing to do with the shooting, witnesses the event. In order to help Jones escape and avoid prosecution, Smith drives Jones […]
News Roundup
There have been a number of interesting stories in the news this week. 1. The national focus has been on Tucson, Arizona, where Jared Loughner is being held without bail […]
Ban on Gun Possession by Defendants Convicted of a “Domestic Violence Misdemeanor”
Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). […]
State v. Dewalt and Speeding to Elude
The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to […]
Video Blog Post: The Year Ahead in Sentencing and Corrections
We’re trying something novel today. Jamie Markham has prepared our first video blog post, in which he highlights sentencing and corrections stories to follow in 2011. It includes a discussion […]
Common Questions about Prescription Drugs
I thought I’d take a minute to discuss three questions that I get about prescription drugs. [Update: Several people posted comments or emailed me about the relationship between prescription drugs […]
News Roundup
It’s time for the first news roundup of the new year! There have been quite a few interesting stories recently, including the following: 1. The New York Times reports that […]
90-Day DART-Cherry
The Department of Correction runs substance abuse treatment programs for probationers and certain parolees: DART-Cherry in Goldsboro for men, and, as of last year, Black Mountain Substance Abuse Treatment Center […]
Aiding and Abetting
Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1) a crime is committed by another, (2) the […]