Visual Identification of Drugs (Again)
The longest opinion issued by the court of appeals this week was Judge Ervin’s 45-page treatise in State v. Ward, __ N.C. App. __ (2009). Although the opinion contains other […]
Kidnapping and Other Crimes Involving Restraint
The court of appeals decided State v. Cole, __ N.C. App. __ (2009), yesterday. Simplifying the facts a bit, the two defendants planned to rob two victims, and, brandishing firearms, […]
Merger and Felony Murder
I’ve had several questions recently about the merger doctrine as it applies to felony murder. It’s a complicated area, made even more confusing because there are two different doctrines that […]
Distracted Drivers
Editor’s note: The News and Observer has a point/counterpoint today about the merits of the new law against texting while driving. Check it out here and here. The New York […]
Sawed-Off Shotguns, Automatic Rifles, Hand Grenades, and Other Weapons of Mass Destruction
Last week, the court of appeals decided State v. Watterson, __ N.C. App. __ (2009). The defendant was charged with, and convicted of, two counts of possession of a weapon […]
Absconding from Probation
What does it mean to “abscond” from probation supervision? “Absconder” is not defined statutorily; rather, it is defined in Division of Community Corrections (DCC) policy as “an offender who is […]
Another Take on the Gates Case
Editor’s note: Much like newspapers sometimes waive the length limit on letters to the editor “to permit a fuller response,” I’m posting in full John Rubin’s detailed counterpoint to my […]
News Roundup
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]
You Can’t Tell Just from the Smell
I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without […]
Summary of Probation Reform Bill
The General Assembly has passed several interesting pieces of legislation recently, but none are more consequential than S 920, the probation reform bill signed by Governor Perdue last week. I […]