…common example in the case law involves a defendant convicted of first-degree murder under a felony murder theory. Under what the courts sometimes call the felony murder “merger rule,” see…
…and Samera was not driving at the time of the crash, the State apparently proceeded to trial on the theory that Samera aided and abetted Caveness in committing the offense….
…thorny one. Certainly such rights are waivable, and if the proposed legislation passes, one can easily imagine the state relying on a waiver theory to defend it. But there’s a…
…cause, and (4) the earlier proceeding ended in favor of the plaintiff.” Turner v. Thomas, 369 N.C. 419, 425 (2016). Malicious prosecution “is a theory applicable to criminal, civil, and…
…has passed the House and moves to the Senate. The House also passed H 31, which would amend G.S. 20-138.5 to add a new theory of habitual DWI, namely, driving…
…sentence. So, the theory goes, putting the longest sentence last allows for the largest window between the ceiling and the floor, and thus the largest potential for credit accrual. That…
…blunt force. The medical examiner determined that Jordan’s death was a homicide. The government’s theory was that the defendant—who had a history of using corporal punishment—struck Jordan, lacerating his liver….
…culpable negligence (on the theory that this is the intentional violation of a statute or ordinance designed to protect human life) or instead is the mere negligent failure to observe…
…convicted of DWI for an offense committed on or after December 1, 2011, disqualified from possessing a firearm based on the theory that DWI is a single offense punishable by…
…it’s not every day that a provision in the Bill of Rights is incorporated against the states. Selective incorporation has been a long arc. Disagreement on the theory and policy…
