“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 […]
Searching Cell Phones for Evidence of Texting While Driving
The Ohio Supreme Court recently ruled that cell phones generally cannot be searched without a warrant incident to arrest. That court’s decision is here. The law in North Carolina appears […]