False Names and Identity Theft (May 24, 2011)
Jeff Welty
[Editor’s note: Regular readers will notice two changes to the blog today. One, for the first time, my posts have a byline. Two, a photograph of the author now appears […]
Admissibility of Electronic Writings: Emails, Text Messages, and Social Networking Posts (May 23, 2011)
John Rubin
It is conference season again at the School of Government, which means that we are doing a lot of presentations for a lot of different groups in the court system. […]
News Roundup (May 20, 2011)
Jeff Welty
The big news nationally this week was the New York arrest and indictment of Dominique Strauss-Kahn on charges that he sexually assaulted a maid at a Manhattan hotel. Prior to […]
Proving the Per Se Prong of Impaired Driving without a Chemical Analysis (May 19, 2011)
Shea Denning
The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]
Do Multi-Unit Dwellings Have Curtilage? (May 18, 2011)
Jeff Welty
The curtilage of a home is the area “directly and intimately connected with the [home] and in proximity” to it. State v. Courtright, 60 N.C. App. 247 (1983). In other […]
Kentucky v. King and the Officer-Created Exigency Doctrine (May 17, 2011)
Jeff Welty
Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes […]
Sexual Assaults: One Conviction or Two? (May 16, 2011)
Jessica Smith
One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]
News Roundup (May 13, 2011)
Jeff Welty
The weather forecast calls for a rainy weekend: a good time to sit around, listening to some music. Preferably Bob Dylan, since he is apparently the musician most often cited […]
SBM Update Part II: State v. Green (May 12, 2011)
Jamie Markham
Last week I wrote about State v. Clark and State v. Brown, the latest cases from the court of appeals on what qualifies as an aggravated offense at a satellite-based […]
Warrant Searches of Computers (May 11, 2011)
Jeff Welty
Last week, I posted a paper about warrantless searches of computers and electronic devices. Today, I’m posting its companion: this paper about warrant searches of computers, which I have just […]