News Roundup
Shea wrote yesterday about the top news around here: the killing of three Muslim university students by a man who lived in the same Chapel Hill apartment complex as the […]
Warrantless Stops 101 — Was the Stop Supported by Reasonable Suspicion?
In my first Warrantless Stops 101 post, I offered these basic questions to frame the analysis: Did a seizure occur? If so and it was a stop, was it supported […]
Court of Appeals Allows Sweepstakes Preliminary Injunction to Stand
On Friday, a panel of the court of appeals decided an interesting electronic sweepstakes case. The case is Sandhill Amusements, Inc. v. Sheriff of Onslow Co. It generally upheld a preliminary […]
Court of Appeals in State v. Townsend Beefs Up Prejudice Required for Relief under Knoll
[Author’s note: State v. Townsend was withdrawn and replaced by a subsequent opinion, available here. The portion of the opinion discussed below was unchanged by the subsequent opinion.] No one gets […]
The Bill for Driving While Impaired
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
Trial Priority for DWI Cases and Motions to Dismiss
Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. […]
May Magistrates Be Compelled to Testify about Their Decision-Making Processes?
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
School Bus Safety
School started back this week across the state, which means that many school buses are traveling the roadways. Buses in my neighborhood hit the pavement early—one drove by this morning […]
News Roundup
The top story of the week may be the impending repeal of the Racial Justice Act. On Wednesday, the House voted 77-39, mostly along party lines, in favor of the […]
Lance Armstrong
Cyclist Lance Armstrong has recently confessed to using performance enhancing drugs during each of his seven Tour de France victories. Public discussion has focused on whether his apology, during an […]