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 […]
Porter and Ineffective Assistance of Counsel at Capital Sentencing Hearings
The United States Supreme Court recently decided Porter v. McCollum, a capital case in which the defendant claimed that his lawyer performed ineffectively at the penalty phase of his trial. […]
Blood Draws in DWI Cases
Update: Check out this post about a recent court of appeals case in this area. Original post: Most DWI cases involve breath tests for alcohol. But there are circumstances in […]
Probation Officer Liability and the Public Duty Doctrine
A recent court of appeals case, Blaylock v. N.C. Department of Correction-Division of Community Corrections, has spurred to write about something I’ve been meaning to write about for a while: […]
Forcible Medication and the Death Penalty
Editor’s note: Tom Tynan is an alumnus of Duke University Law School, a recent federal judicial clerk, and a soon-to-be associate at a large law firm. He spent several months […]
Search Warrants for “All Persons on the Premises”
I have been asked several times about the validity of search warrants that authorize the police to search a particular place and “all persons on the premises.” It sounds as […]