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 […]
Breaking or Entering a Building
I recently blogged about some of the questions that arise in connection with breaking or entering a motor vehicle, e.g., whether one commits that offense if one reaches into the […]
DWLR Based upon an Ignition Interlock Violation
Last month, the North Carolina court of appeals decided State v. Graves, No. COA09-595 (March 16, 2010), a case involving the defendant’s appeal from his convictions for felony speeding to […]
A New Constitutional Mandate for Defense Counsel
by School of Government Immigration Law Specialist Sejal Zota Is defense counsel constitutionally obligated to inform a noncitizen criminal defendant whether his guilty plea carries a risk of deportation? Yesterday, […]
Fair Cross Section
Yesterday, the United States Supreme Court decided Berghuis v. Smith, a case in which the defendant claimed that the pool from which his jury was selected was not a fair […]
Rule 403: Old Chief and Stipulations to Prior Convictions
Some crimes, such as felon in possession of a firearm, include as an element that the defendant has a qualifying prior conviction. When this is the case, the defense may […]
News Roundup
The big news at this time of year is usually basketball-related, and Duke’s fantastic win last night to earn a Final Four berth certainly deserves mention. But because not everyone […]