…short, rapid prison population growth in the 1980s led to a series of lawsuits and eventually settlements enforced by the courts through consent decree. Though our prisons are not as…
…be held in district court with the consent of the State and the defendant (the judge does not get a vote). G.S. 7A-271(e). Finally, I have a question for you….
…108 N.C. App. 506 (1993) (23 years earlier; admitted to show intent and lack of consent) State v. Matheson, 110 N.C. App. 577 (1993) (10 years earlier) I’m sure the…
…of first degree burglary in North Carolina are: Breaks and Enters Without consent The dwelling house or sleeping apartment Of another While it is actually occupied At night With the…
…officers advised Bostick that he could refuse to consent to the search. The Court held that “the mere fact that Bostick did not feel free to leave the bus did…
…possession, or consent. Other court proceedings that fall within the scope of Rule 1101(b) may have similar evidentiary prohibitions or permissions set by statute. See, e.g., G.S. 15A-1345(e) (rules of…
…he was carrying drugs, which the officer found after obtaining consent to search the defendant’s car. Prior to his trial on drug charges, the defendant moved to suppress, arguing that…
…because it was “almost a verbatim recitation” of the normal statutory mitigating factor regarding the defendant’s mental condition. Additionally, the court’s finding that the victim consented to the crime (performing…
…an officer may not extend a completed traffic stop for any period of time, no matter how brief, to conduct a dog sniff—absent reasonable suspicion of criminal activity (or consent)….
…the modification the defendant will be in violation of the judgment, and that the district attorney consents. That authority applies from May 4 to August 1, 2020. Id., sec. 4.41.(b)….