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Recent Blog Posts Page 17 on North Carolina Criminal Law Blog

Recent Changes to the Pretrial Release Statutes

Posted on November 19, 2015 - 10:00 am by Jeff Welty

In the 2015 legislative session, the General Assembly made two significant changes to the pretrial release statutes: (1) it effectively repealed a “bond doubling” provision for defendants rearrested while on […]

Posted in Procedure | Tagged 48 hour rule, bond, bond doubling, domestic violence, pretrial release more

Is Paddling a Student a Crime?

Posted on November 12, 2015 - 9:25 pm by Shea Denning

On the first day of elementary school each year, our teacher displayed her paddle, which was wooden with a short, solid handle. The paddle portion had holes drilled through its […]

Posted in Crimes and Elements | Tagged assault, child abuse, corporal punishment, Pendergrass, school discipline, spankings, student, teacher more

Eyewitness Identification Reform Act Extended to Show-Ups

Posted on October 27, 2015 - 6:37 pm by Jeff Welty

Effective December 1, S.L. 2015-212 extends the Eyewitness Identification Reform Act, G.S. 15A-284.52, to cover show-ups. But the bill leaves the status of photographic show-ups in doubt and contains a […]

Posted in Procedure, Search and Seizure | Tagged eyewitness identification reform act, eyewitness testimony, eyewitnesses, lineups, show-ups, showups more

Second Circuit Decides Major Gun Control Case

Posted on October 20, 2015 - 10:00 am by Jeff Welty

The Second Circuit just decided a case regarding gun control legislation in Connecticut and New York. It’s important in its own right, and because it concerns two issues that the […]

Posted in Uncategorized | Tagged assault rifles, assault weapon ban, assault weapons, firearms, gun control, gun rights, guns, second amendment, second circuit more

Omnibus Criminal Law Bill

Posted on September 30, 2015 - 1:31 pm by Jeff Welty

The General Assembly has just adjourned for the year. Last week, it passed, and the Governor signed, an omnibus criminal law bill, S.L. 2015-247. This post briefly summarizes its main […]

Posted in Evidence, Procedure | Tagged bill, general assembly more

News Roundup

Posted on June 5, 2015 - 10:00 am by Jeff Welty

Is the death penalty dying? It’s a fair question given that the Republican-controlled Nebraska legislature just abolished the punishment over the governor’s veto (the New York Times has the story […]

Posted in Uncategorized | Tagged news more

News Roundup

Posted on March 27, 2015 - 10:39 am by Jeff Welty

195 new bills were filed in the North Carolina Senate yesterday, the deadline for filing new bills in that chamber this session. I haven’t reviewed all the new bills – […]

Posted in Uncategorized | Tagged news more

Not So Fast:  Dismissal of DWI Charges for Failure to Schedule Trial in 30 Days  

Posted on March 18, 2015 - 5:32 pm by Shea Denning

Defendants who drive while impaired while their licenses are revoked for another impaired driving offense or who drive while impaired without a license and without car insurance risk more than […]

Posted in Motor Vehicles, Procedure | Tagged DWI, motions to dismiss, vehicle forfeiture more

I’ve Been Arrested . . . But Committed No Crime

Posted on February 25, 2015 - 5:01 pm by Shea Denning

[Author’s Note:  This post has been substantively edited to make corrections in response to helpful comments from readers.] A person generally may not lawfully be arrested unless there is probable […]

Posted in Procedure | Tagged arrest, conditions of release, domestic violence, Initial appearance, pretrial release more

Recent Case on Authentication of Surveillance Video

Posted on February 19, 2015 - 2:29 pm by Jeff Welty

More and more criminal cases involve video evidence, whether from patrol car dash cameras, store surveillance cameras, witness cell phone cameras, or, in the near future, wearable cameras. It’s important […]

Posted in Evidence | Tagged authentication, loss prevention, snead, surveillance, video more
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