Does State v. Ashworth Place Factors Over Substance?
The court of appeals reversed a defendant’s DWI conviction yesterday in State v. Ashworth, __ N.C. App. __ (August 2, 2016), on the basis that the trial court plainly erred […]
Pleading Defects and Double Jeopardy
I recently taught a class of law students about criminal pleadings. We discussed proper pleadings and defective pleadings, and the State’s ability to bring new charges against a defendant after […]
New and Improved Sentencing Handbook, Now Including DWIs
A new publication, the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids, 2014–2015, is available from the School of Government. The booklet updates last year’s North Carolina […]
Most Serious Offense for Consolidation Purposes
When a defendant is convicted of more than one offense at the same time, the court may consolidate the offenses for judgment. The sentence for that judgment is driven by […]
One Last Chance
As a parent, I try to be a consistent disciplinarian. I do my best to avoid empty warnings about the consequences of some action (or failure to act, as is […]
Does the Trespass Theory of the Fourth Amendment Limit the Scope of Knock and Talks?
In United States v. Jones, 565 U.S. __ (2012), and Florida v. Jardines, 569 U.S. __ (2013), the Supreme Court announced a new, or perhaps revived an old, understanding of […]
The Sniffer
The National Transportation Safety Board’s recommendation that states lower their per se blood alcohol concentrations for impaired driving from 0.08 to 0.05 grabbed headlines last week. But the BAC reduction […]
Silence Is Golden: the Withdrawal of Zimmerman’s Attorneys
Although the big news today in the George Zimmerman/Trayvon Martin case is that Zimmerman has been charged with second-degree murder, I want to focus on something that happened earlier in […]
Lee v. Gore: Averment of Willful Refusal Necessary before DMV Can Revoke
The North Carolina Supreme Court decided Lee v. Gore last Friday, affirming the court of appeals and holding that DMV lacked authority to revoke the petitioner’s driving privileges pursuant to […]
What Not to Do in an Impaired Driving Case (Post II)
The first post in this series discussed State v. Taylor. This one recounts the what not to do lessons from last week’s court of appeals’ decision in State v. Petty […]