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If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]
I’ve received questions from both prosecutors and defense lawyers about whether and how the state can obtain a suspect’s — or a defendant’s — medical records when those records may […]
By special request, this post recaps the law of nonstatutory aggravating factors. Under G.S. 15A-1340.16(d), the State may, in addition to the 25 statutory aggravating factors set out in that […]
Although the General Assembly has finally wrapped up for the year, there’s still been a fair bit of news lately that may be of interest to readers of this blog. […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]