News Roundup
I intended to have a deep, substantive post ready for today. But in the press of holiday preparations, I didn’t complete it — and in any case, there’s been some […]
Confrontation Rights Apply at Sentencing in Noncapital Cases
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with […]
The Nose Doesn’t Always Know: Extrapolation Based on Odor Ruled Unreliable
The Court of Appeals decided State v. Davis, 208 N.C. App. 26 (2010), last week, granting the defendant a new trial on second-degree murder, impaired driving and other charges arising […]
News Roundup
The court of appeals issued a batch of opinions this week, at least two of which are absolutely fascinating and will be featured on this blog next week. But those […]
Criminal Negligence
Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. […]
Transferred Intent
Suppose a defendant acts intending to do one thing but ends up doing something else. For example, suppose the defendant shoots at A, intending to kill A, but misses and […]
Second Installment: Suppression of Chemical Analyses in Implied Consent Cases for Statutory Violations
Stan Speedy is charged with impaired driving. He has filed a motion to suppress evidence of blood test results based on a violation of his Fourth Amendment and his statutory […]
Comprehensive Resources Regarding Sex Offender Registration and Monitoring
Jamie Markham’s famous sex offender flow chart is the best one page reference that money can buy. And it’s free! The latest revision is available here. Jamie has also put […]
News Roundup
As always, the past week has seen a tremendous amount of interesting criminal law news. Nationally, the story that has drawn the most attention is the conclusion of the Stephen […]
Cyberbullying
Perhaps in response to news reports of teen suicides blamed on embarrassing and/or insensitive web postings, I have been fielding a fair number of calls about North Carolina’s cyberbullying statute. […]