Mistake of Fact: A Negating Defense
When a defendant introduces evidence at trial showing that the State has failed to prove some element of the crime, the strategy is sometimes described as a failure of proof […]
State v. Daniel Tees Up An Analysis of Prejudice
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
Sex Offender Registration as a Bargaining Chip
I am sometimes asked if a defendant convicted of a reportable sex crime can plea bargain his or her way out of the obligation to register. I have also been […]
Is the Use of a Blue Light a Show of Authority?
Today, the court of appeals decided State v. Baker. Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it […]
State v. Davis: Rule 404(b) and Remote Convictions
I wrote here about the court of appeals’ recent ruling in State v. Davis that expert testimony calculating the defendant’s alcohol concentration based on odor alone was improperly admitted at […]
News Roundup
The top story of the week is the controversy surrounding the new ban on electronic sweepstakes. I posted about it yesterday, and after my initial post, the Attorney General issued […]
Internet Sweepstakes Update
I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even […]
The Exclusionary Rule and Probation Hearings
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]
Strict Liability Crimes
In prior posts, I discussed transferred intent and criminal negligence. Intent and criminal negligence, along with malice and willfulness are some of the common states of mind that the prosecution […]
Proposed Ethics Opinion about Interviewing Child Witnesses
Last month, the State Bar issued a proposed ethics opinion regarding contact between prosecutors and defense lawyers, on the one hand, and children who are prosecuting witnesses in criminal cases […]