Can You Expunge a PJC?
I am sometimes asked if a conviction for which prayer for judgment has been continued (a PJC) can be expunged. It’s a sensible question, given—as I’ll discuss in a moment—that […]
Paying Witnesses’ Legal Fees
Rule of Professional Conduct 3.4(b) states that it is improper to “offer an inducement to a witness that is prohibited by law.” Comment 3 to the rule states that “[t]he […]
Extortion or Just Doing Business?
Some recent celebrity news has made me think about our extortion statute. The statute is G.S. 14-118.4, and it says: Any person who threatens or communicates a threat or threats […]
New Legislation Regarding the Restoration of Felons’ Gun Rights
I’ve blogged previously about the Britt and Whitaker cases. Britt held that a particular convicted felon retained his right to bear arms under the state constitution, and that G.S. 14-415.1 […]
News Roundup
Lots of interesting stuff this week. Without further ado: 1. The front page of the News and Observer today has a story that begins as follows: “Someone accused of killing […]
State v. Simmons: New Trial Granted on DWI Charges Based on State’s Improper Reference to State v. Narron
The court of appeals in State v. Simmons, ___ N.C. App. ___ (July 20, 2010), decided this week, awarded a new trial to a defendant convicted of impaired driving, finding […]
The Electronic Sweepstakes Ban
According to the News and Observer, Governor Perdue has signed House Bill 80, entitled “An Act to Ban the Use of Electronic Machines and Devices for Sweepstakes Purposes.” It becomes […]
Court of Appeals Holds that Harbison Survives Nixon
In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per […]
Sex Offender Treatment as a Condition of Probation
Two of the topics I write about the most are probation and sex offenders. Today’s post is about both, answering a question that—somewhat to my surprise—comes up pretty frequently: Can […]
News Roundup
There have been several interesting stories since the last news roundup, which was two weeks ago. 1. The General Assembly adjourned the short session when it finished the budget. The […]