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The New York Times published this editorial last week advocating that all people convicted of impaired driving – including first-time offenders – be required to install ignition interlocks in their […]
Suppose a defendant is convicted of a crime and the judge wants to (or, in a “C” or “C/I” cell in the sentencing grid, has to) suspend the sentence. Can […]
On October 20, 2009, the North Carolina Court of Appeals decided State v. Galindo, holding that a Crawford violation occurred when the State’s expert gave an opinion, in a drug […]
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 […]
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 […]
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. […]
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 […]
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. […]
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 […]
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 […]