Postconviction DNA Testing
The United States Supreme Court recently heard oral argument in the Osborne case, an Alaska case that asks whether a criminal defendant who claims that he has been wrongfully convicted […]
Self-Defense
I posted yesterday about one of the recent Court of Appeals decisions. At the risk of going back to the well, I want to highlight another of those cases today. […]
Careful Questioning in Child Sexual Abuse Cases
Further Update: The court has reissued an opinion in this case. On the issue discussed below, it is very similar — at a minimum — to the original opinion. Update: […]
New Report on Incarceration and Community Corrections
The Pew Center on the States just released a new report entitled One in 31: The Long Reach of American Corrections. It’s available here, and a couple of news stories […]
Scared to Death
Because of a case currently pending in Gaston County — story here — several people have asked me about the law as it concerns scaring a person to death. Let […]
Supreme Court News
The Supreme Court (Washington, not Raleigh) has had a bit of a slow February so far, whether because of Justice Ginsburg’s well-publicized health problems or for some other reason. Still, […]
The Financial Crisis and the Death Penalty
According to a news article available here, several states are considering eliminating the death penalty as a way to save money. The issue has sparked some interest in the blogosphere, […]
Multiple Assault Convictions Based on the Same Conduct
North Carolina has a number of different assault crimes, like simple assault, assault on a female, assault with a deadly weapon, and so on. We also have a confusing body […]
Gun-Toting Felons
North Carolina law prohibits convicted felons from possessing firearms. See G.S. 14-415.1. I’ve had several recurrent questions about this offense, so here’s an FAQ about FIP (felon in possession): 1. […]
Prayer for Judgment Continued
It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continued—a practice virtually unique to North Carolina, at […]