Anticipatory Bonds for Probation Violations
“Arrest on first positive drug screen. $50,000 secured bond.” “Hold without bond for any probation violation.” May a judge sentencing a defendant to probation include instructions such as these in […]
North Carolina Statutory Requirements Concerning How to Conduct Lineups and Show-ups
Live and photo lineups and show-ups implicate constitutional and statutory requirements. This post will focus on the statutory requirements. For constitutional requirements, see pages 594-98 in Arrest, Search, and Investigation […]
What’s Hot in the Realm of DWI Litigation?
I was recently asked to talk to a group of attorneys about “hot topics” related to the criminal prosecution of impaired driving. Those of you who practice in the field […]
How O.J. Got the Fuhrman Tapes (and You Can Get Out-of-State Materials)
Almost everyone knows about the trial of O.J. Simpson for the murders of Nicole Brown Simpson and Ronald Goldman. Many people also know about a key piece of evidence introduced […]
Attempted Assault Is a Crime
Reversing the Court of Appeals, the NC Supreme Court recently held, in State v. Floyd, that attempted assault is a crime in North Carolina.
Tolling the Statute of Limitations after State v. Turner
The court of appeals held last month in State v. Turner, __ N.C. App. __, 793 S.E.2d 287 (2016), temp. stay allowed, __ N.C. __ (2016), that the issuance of […]
Is Spitting on a Person an Assault?
Several years ago, the Sixth Circuit noted the “timeless question whether “spitting a ‘lugie’ towards someone, by itself, constitutes an ‘assault.’” United States v. Gagnon, 553 F.3d 1021 (6th Cir. […]
Who’s In Charge in Your District?
My middle child is named Charles. The other day I referred to him as Charles in Charge. He asked me why teachers and other adults always called him that. Ah, […]
News Roundup
The ABA Journal reports that the U.S. Department of Justice has filed an amicus brief in a Georgia civil class action asserting that the use of money bail violates arrestees’ […]
Amendments to Notice and Demand Provisions for DWI Cases
No legislative session would be complete without amendments to the state’s DWI laws. The 2016 short session upholds this tradition by amending the procedures that govern the admissibility of chemical analyses […]