A federal court Consent Order has been entered in the Alamance County bail litigation. The relief granted in that order and the county’s new local bail and first appearance policies…
…offense can be proved through alternative theories, the trial court errs if it instructs the jury on a theory that’s not supported by the evidence. That rule was reiterated in…
…the theory of malice that supported the verdict, the trial judge erred in sentencing Mosley as a Class B1 felon. The appellate court remanded the case to the trial court…
…504, 509 (2016) (sign alone, in context with other factors, was insufficient to revoke implied license). Apparently, no case has examined the consequences of the implied license for criminal trespassing,…
…did not voluntarily consent to the search of his backpack. Explaining the standard for voluntary consent, the court explained that “[t]o be voluntary, consent must be free from coercion, express…
…on the theory of acting in concert (over the defendant’s objection and a request for a special verdict form) because that theory was not supported by the evidence and including…
…or skiing while impaired are not implied consent offenses. See G.S. 20-16.2(a1). This means that boaters, skiers and surfers—unlike drivers—are not deemed to consent to testing to a chemical analysis…
…for consent to search the home. The grandfather gave consent, and opened the door of the defendant’s bedroom for the officers, who found guns and ammunition in the room. The…
…uses an actual consent standard for initial consent and a “reasonable person” standard for revocation of consent. Thus, if a person revokes consent after initially consenting to having sex, the…
…ruling revived the trespass theory in Fourth Amendment analysis concerning what constitutes a search, so the trespass theory and the separate reasonable expectation of privacy theory both must be considered…