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Search Results for: open carry

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The Way These Women Dress Is Criminal

March 25, 2014 Shea Denning

…complaints about how women dress in North Carolina courtrooms. Shoes apparently are an issue. Cowboy boots are off-limits for women. (I’m not sure about men.) Some consider open-toed shoes unprofessional….

Categories Uncategorized Tags women attorneys; contempt 15 Comments

United States v. Texas and Discretion in Arrest and Prosecution

July 5, 2023July 3, 2023 Jeff Welty

…placing prosecutors in the judicial branch. Another open question concerns the recent effort by legislatures in several states, including Georgia and Texas, to rein in the exercise of prosecutorial discretion…

Categories Procedure, Uncategorized Tags discretion, immigration, prosecutorial discretion, supreme court, texas

Sex Crime Tiers under Federal Law

March 1, 2016April 8, 2015 Jamie Markham

…the anus; penetration of the anal or genital opening of another by a hand, finger, or any object; or direct touching, not through the clothing, of the genitalia of a…

Categories Uncategorized Tags petition to terminate, sex offender registration, SORNA, wetterling 6 Comments
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NC Supreme Court Evaluates Traffic Stop for Fishtailing in Snow

August 30, 2017 Shea Denning

State v. Johnson, __ N.C. __ (August 18, 2017) opens like a novel: Defendant was stopped at a red light on a snowy evening. When the light turned green, defendant’s…

Categories Motor Vehicles, Search and Seizure Tags 20-141, fishtail, reasonable suspicion, snow, state v. johnson, too fast for conditions, traffic stop 12 Comments
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Case Summaries: N.C. Court of Appeals (Apr. 18, 2023)

April 25, 2023April 20, 2023 Alex Phipps

…of heroin in his open coat pocket. The officers also performed a protective sweep of the residence, observing digital scales and other drug paraphernalia inside. After a search of defendant…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals
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News Roundup

July 2, 2025June 6, 2025 Phil Dixon

…detention center opened Studio W5HY? this week. The facility is a “state-of-the-art soundproof music studio,” and is a part of a new program of the Sheriff called “Rhythm & Reflection:…

Categories Uncategorized Tags criminal law news, news roundup
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Eating the Evidence

September 21, 2011 Jessica Smith

…Court of Appeals. In James, an officer was patrolling in an unmarked vehicle when the defendant waived her over. As the officer opened her car door, displaying her uniform and…

Categories Evidence, Uncategorized Tags forfeiture, james, visual identification, ward Leave a comment

Probable Cause and Search Warrants for Cell Phones

October 3, 2016 Jeff Welty

…contain evidence. If this were sufficient, however, it would be a rare case where probable cause to charge someone with a crime would not open the person’s cellular telephone to…

Categories Search and Seizure, Uncategorized Tags cell phones, fourth amendment, nexus, probable cause, Search and Seizure, search warrants, white 4 Comments

Probation Modifications for Good Cause

March 30, 2018March 30, 2018 Jamie Markham

…outside of open court. The department has not extended that policy to other modifications. In any event, a probationer’s consent is not required before the court may modify probation for…

Categories Sentencing, Uncategorized Tags modification of probation, probation 3 Comments
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When is Ignorance of the Law an Excuse?

June 20, 2017 Phil Dixon

…U.S. Supreme Court. The majority in Miller left the question of any required mental state in the statute open. So, perhaps we will see the courts weigh in again on…

Categories Crimes and Elements, Uncategorized Tags controlled substances, drugs, due process, fair warning, Lambert v. California, mens rea, methamphetamine, notice, pseudoephedrine, State v. Miller 1 Comment
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