Drug Testing of Probationers as a Warrantless Search
The principal probation reform bill (S.L. 2009-372 [S 920], summarized here) went into effect on December 1. Since then, I’ve received a number of questions about it, many of them […]
Dealing with Disappearing DWI Defendants
I’ve had several questions recently about how to handle cases in which the defendant was charged with DWI, failed to appear, remained absent for several years, then reappeared. Often, the […]
News Roundup
The top story in the papers today is the continuing fallout from the Bowden case, some background on which is available here. The News and Observer reports that Superior Court […]
Murder by Drugs
Our murder statute, G.S. 14-17, defines first-degree murder, then proceeds as follows: “All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium […]
Second Amendment Math: Britt + Heller = Whitaker?
A divided court of appeals decided another significant gun case this week. But before I talk about the opinion in State v. Whitaker, I’ll briefly summarize the legal backdrop for […]
Nothing Much Shocking about Shockley
The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met […]
Aggravated Offenses: Elements Only
I have noted in numerous prior posts (most recently, here) that the statutes governing satellite-based monitoring (SBM) determination hearings (G.S. 14-208.40A and -208.40B) are unclear as to whether the court […]
What to Do When Dorothea Dix Lights the “No Vacancy” Sign
When one side or the other questions a defendant’s capacity to proceed, the judge may order a competency evaluation. The evaluation is often done locally on an outpatient basis, but […]
News Roundup
Lots of interesting developments in the news recently. The Tar Heels won another women’s soccer national championship, and the United States finally got a favorable draw for the World Cup. […]
Felony Speeding to Elude and Lesser Included Offenses (with some ACC Rivalry sprinkled on top)
More than a decade ago, the General Assembly enacted G.S. 20-141.5, making it a Class 1 misdemeanor to operate a motor vehicle on street, highway, or public vehicular area while […]