Apple’s Upcoming iPhone and Possession of Stolen Goods
Regular readers of this blog know that I’m interested in electronic gadgets. One of my favorites is my Apple iPhone, so I’ve watched with great interest the saga unfolding over […]
Photographs of Homicide Victims
The State’s effort to introduce photographs of a homicide victim into evidence often is met with defense objections. One objection sometimes asserted is that the photographs are inadmissible as substantive […]
News Roundup
As always, there’s a lot going on in the world of criminal law. 1. The headline news is, of course, Justice Stevens’s announcement that he will retire this summer. He’s […]
Satellite-Based Monitoring: Aggravated Offenses Revisited
I wrote about satellite-based monitoring (SBM) of sex offenders ten times in 2009. The court of appeals’ recent decision in State v. Phillips gives me my first occasion to write […]
Failure to Signal When Required
Under G.S. 20-154(a), “before starting, stopping or turning from a direct line [, a driver] shall first see that such movement can be made in safety . . . and […]
Alford Pleas
Someone asked me recently why so many defendants enter Alford pleas in North Carolina. I’ve wondered the same thing. When I was in private practice, I worked mostly in federal […]
Proving Knowledge of a License Revocation
Driving while license revoked (DWLR), a Class 1 misdemeanor, is one of the most frequently charged criminal offenses in North Carolina. And, while certain elements of the offense are spelled […]
News Roundup
It’s been quite a while since I assembled a news roundup, and as usual, there are more interesting, relevant news items than I can reasonably fit into a post. I’ll […]
Concurrent Sentencing of Habitual Felons
Under G.S. 14-7.6, when a defendant is sentenced as a habitual felon, his sentence “shall run consecutively with and shall commence at the expiration of any sentence being served” by […]
Restitution to Victims of Unconvicted Conduct
Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for […]