News Roundup
There’s been lots of interesting criminal law news in the last week or so. 1. Duke University researchers are all over the death penalty debate. According to this News and […]
“Cigar Guts”
Earlier this week, the court of appeals decided State v. Simmons, a search and seizure case that should interest officers, lawyers, and judges. The facts are simple: an officer stopped […]
North Carolina’s Notice and Demand Statute for Chemical Analyses in Drug Cases Is Constitutional
In Melendez-Diaz v. Massachussetts, the United States Supreme Court held that forensic laboratory reports—such as those identifying a substance as a controlled substance—are testimonial and subject to the new Crawford […]
What to Do When a Defendant Is Charged under the Wrong Name
Sometimes, a defendant is charged under the wrong name. This usually happens when the defendant gives a false name upon arrest. When this is discovered, what should be done? There […]
Stipulations to Questions of Law for Sentencing Purposes
Defendants often stipulate to prior convictions for the purpose of establishing their prior record level. Form AOC-CR-600, the prior record level/prior conviction level worksheet, includes a section (Section III, at […]
Landlords, Tenants, and Trespassers
First off, sorry I didn’t post yesterday. I was laid up with food poisoning — I blame holiday leftovers! I’m much better today, so on to today’s topic, which is […]
Personal Characteristics and “Custody” for Miranda Purposes
The North Carolina Supreme Court recently decided In re J.D.B., a close and interesting juvenile case. I mentioned it briefly here when it divided the court of appeals. It has […]
News Roundup
Considering how close we are to the holidays, there’s been a surprising amount of activity in the criminal law world lately. Stories of interest include the following: 1. The Bowden […]
Terry Frisk During a Consensual Encounter?
Note about holiday blogging schedule: Because I am certain that all of you are planning your holidays around this blog, I thought I’d mention that I’ll continue to post daily […]
Level 3, 4 and 5 Punishment in Impaired Driving Cases
I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five […]