Recent Blog Posts Page 341 on North Carolina Criminal Law Blog

Lots of news again this week. 1. The News and Observer ran this story, the opening line of which is “[e]very case former State Bureau of Investigation Agent Duane Deaver […]

According to this recent article in the ABA Journal, criminal defense lawyers “[i]ncreasingly . . . are asking their clients to wear glasses during jury trials,” believing that juries will […]

A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]

Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]

Suppose that A, who has HIV and knows it, has unprotected sex with B, who doesn’t have HIV. A doesn’t warn B. Has A committed a crime? Yes. At a […]

What a week! The news stories just kept coming. It started off over the weekend, when the News and Observer published this interesting article about upcoming appellate arguments over the […]

Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of […]

Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory […]

According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before […]

The automatism defense is discussed briefly on page 14 of the current version of North Carolina Crimes. Because I’ve had a couple of questions about it, I thought I’d write […]