Should Child Pornography Offenders Forfeit Their Homes?
I’ll get to the topic of today’s post in just a moment, but first I wanted to note what I found to be a fascinating little tidbit about the Willingham […]
News Roundup
The criminal-law-related legal news has been coming fast and furious over the past week or so. 1. The fallout from the Bowden case continues. The case, discussed here, held that […]
Larceny: Spouse vs. Spouse Edition
I was recently asked whether one spouse can properly be charged with larceny for stealing joint property from the other spouse. Apparently, this question comes up frequently with separated spouses. […]
Does Mandatory AA/NA Violate the First Amendment?
The First Amendment says, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” There are two […]
All You Ever Wanted to Knoll, But Were Afraid to Ask
My colleague Shea Denning, a frequent contributor to this blog in the area of motor vehicle law, has put together the ultimate authority on all things related to State v. […]
Sealing Warrants
by School of Government faculty member Michael Crowell In the last couple of years North Carolina has seen several high profile cases in which the sealing of a search warrant […]
The “Explains Conduct” Non-Hearsay Purpose
Most readers of this blog know that hearsay evidence, meaning an out-of-court statement “offered in evidence to prove the truth of the matter asserted,” N.C. R. Evid. 801(c), is presumptively […]
Waivers in Plea Agreements
When a defendant pleads guilty, he waives a variety of rights, including the right to a trial, the right to confront the witnesses against him, and so on. The waiver […]
Proper Notice for SBM Determinations: State v. Stines
I mentioned earlier that the court of appeals decided two satellite-based monitoring cases this week. I discussed State v. Morrow on Wednesday. Today I’ll cover State v. Stines. In Stines, […]
News Roundup
It’s time to round up some news. First, the News and Observer recently commented on President Obama’s failure to nominate any additional North Carolinians for the Fourth Circuit — a […]