State v. Wilkerson and the Authentication of Electronic Evidence
I recently heard a police detective say that the internet was the worst thing that ever happened to law enforcement. He explained that before advent of the internet, criminals had […]
Men Behaving Very Badly
As part of its ongoing coverage of the John Edwards trial, The News and Observer reported today that Edwards’ lawyer cross-examined former Edwards aide Andrew Young by reading from pages […]
Pretrial Release — Part 3: Limits on When and What Conditions May Be Imposed
As a general rule, and subject to local bond policy, the law gives judicial officials a great deal of discretion to determine the appropriate conditions of pretrial release. In some […]
Civil License Revocations and Double Jeopardy
As most readers of this blog know, many people charged in North Carolina with driving while impaired and other implied consent offenses suffer the immediate consequence of having their driver’s […]
Air Guns
I’ve had several questions about BB guns, pellet guns, and airsoft guns, and whether certain criminal offenses can be predicated on the use or possession of such weapons. I’ll try […]
Forfeiture of the Right to Counsel
In response to my recent post (here) about waivers of counsel, a number of you emailed asking me to write about forfeiture of the right to counsel. Your wish is […]
Waivers of Counsel at Probation Violation Hearings
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of […]
S.L. 2011-385 Targets Unsafe Driving by Teenagers
Fifteen years ago, the General Assembly enacted S.L. 1997-16, implementing graduated driver’s licenses requirements for people under the age of 18, who are termed provisional licensees. Pursuant to G.S. 20-11, […]
State v. Daniel Tees Up An Analysis of Prejudice
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
Internet Sweepstakes Update
I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even […]