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Search Results for: open carry

Sentencing Whiteboard: How Class B1-E Felonies Are Served

February 17, 2015 Jamie Markham

…Sal Khan—Sentencing Whiteboard. I’ll post the videos here. I have a list of proposed topics in mind (up next: the single-sentence rule for consecutive felonies), but I’m open to suggestions….

Categories Sentencing, Uncategorized Tags Class B1-E felonies, post-release supervision, PRS, whiteboard 3 Comments
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Case Summaries: Fourth Circuit Court of Appeals (Nov. 2020)

December 15, 2020 Phil Dixon

…a.m. The woman opened the door and denied that the defendant was present in the home. The officers heard movement in the back of the apartment and believed that the…

Categories Uncategorized Tags case summaries, fourth circuit, Fourth Circuit Court of Appeals, November 2020 Leave a comment

SB300 and Early Warning Systems

February 2, 2022 Jeff Welty

…The efficacy of such a system is an open question, and ensuring that the relevant events are consistently reported and included on the spreadsheet may require a significant organizational commitment….

Categories Uncategorized Tags early warning. early intervention, law enforcement, policing, sb300

State v. Morgan and Findings of Good Cause for a Hearing after Expiration

August 30, 2019August 29, 2019 Jamie Markham

…open question (and come to think of it, I don’t think the “specific findings” requirement in G.S. 15A-1343.2(d) has ever been before the supreme court). For the time being, probation…

Categories Sentencing, Uncategorized Tags 15A-1344, probation, probation violations, State v. Morgan, violations after expiration 1 Comment
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When May the State Use Evidence of a Defendant’s Silence Before Trial?

May 22, 2024 Shea Denning

…you are interested in reading more about permissible and impermissible jury argument, check out the recently updated chapter on Opening and Closing Arguments in the NC Superior Court Judges’ Benchbook….

Categories Procedure Tags fifth amendment, impeachment, miranda, right to silence, state v. boston

Sex Offender Case Law Update (Part I)

October 18, 2017July 15, 2009 Jamie Markham

…record before us” appears three times in Bare, seemingly leaving open the possibility that other offenders subject to SBM might be able to bring forth sufficient affidavits, testimony, or other…

Categories Sentencing, Uncategorized Tags ex post facto, satellite based monitoring, sex offenders, sex offenses Leave a comment

The Absconding Donut Hole

September 5, 2012 Jamie Markham

…The problem, of course, is that thousands of probationers are not subject to the statutory absconding condition. As discussed in the opening paragraph above, that new condition only applies to…

Categories Procedure, Sentencing, Uncategorized Tags absconders, absconding, donut hole, jra, justice reinvestment, probation, probation revocation, probation violations 4 Comments

Supreme Court: Alert by a Trained or Certified Drug Dog Normally Provides Probable Cause

February 20, 2013 Jeff Welty

…routine traffic stop on the defendant’s truck. The defendant appeared nervous and there was an open beer can in the vehicle, so the officer asked for consent to search. The…

Categories Search and Seizure, Uncategorized Tags dog sniff, drug dogs, harris, narcotics dogs, probable cause, supreme court 5 Comments
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State v. Courtney: Retrying the Defendant after Charges Have Been Dismissed

May 16, 2018 Shea Denning

…a prosecutor to dismiss criminal charges by entering an oral dismissal in open court before or during the trial or by filing a written dismissal with the clerk at any…

Categories Procedure Tags 15A-931, deadlocked jury, double jeopardy, hung jury, mistrial, murder, state v. courtney, State's election rule 2 Comments
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Self-defense, Intent to Kill and the Duty to Retreat

September 18, 2018 Phil Dixon

…fears losing control of his car and decides to defend himself with his (lawfully possessed) pistol. He aims through his open window at the other driver’s front tire and shoots,…

Categories Crimes and Elements, Uncategorized Tags duty to retreat, intent to kill, self-defense, State v. Ayers 2 Comments
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