Discovery and Separate Sovereigns
Suppose that both the local police and the federal Drug Enforcement Administration suspect that Derek is selling drugs. The police are a step ahead, and they arrest Derek and charge […]
State v. Hopper: Public Streets and Motor Vehicle Regulation
Jeff wrote here about the court of appeals’ April 20, 2010 opinion in State v. Hopper (Hopper I), which analyzed when an officer’s mistaken beliefs can support an investigative stop. […]
Prosecutors’ Pay
I blogged about judges’ salaries here. An article in the USA Today this morning prompted me to think a little bit about prosecutors’ pay. The article, available here, reports on […]
News Roundup
The top of the news today is that the Attorney General has removed and reassigned SBI director Robin Pendergraft and has at least temporarily stopped the work of “bloodstain pattern […]
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 […]