Not-Quite-Defective Indictments
Ordinarily, a pleading that fails to accurately allege every element of the offense is defective and is treated as a jurisdictional nullity. See, e.g., G.S. 15A-924(a)(5) (“as a prerequisite to […]
News Roundup
This week several pipe bombs were mailed to political figures and political activists. A series of similar manila envelopes containing suspected explosives and bearing the return address of former Democratic […]
News Roundup
In the culmination of a nomination process that divided the nation, Brett Kavanaugh was sworn in as a Supreme Court Justice on Saturday night. As USA Today reports, the final […]
Security Searches at Courthouses
To enter most courthouses these days, a person must submit to a security search. Often, one must walk through a metal detectors and pass one’s personal items through an x-ray […]
News Roundup
As WRAL reports, former Wake County Register of Deeds Laura Riddick pleaded guilty late last week to felony embezzlement charges arising from her years-long practice of diverting funds from the […]
News Roundup
Michigan State University reached a $500 million settlement this week with the hundreds of women that Larry Nassar sexually abused under the guide of medical treatment while working in the […]
State v. Fincher: No Foundation Required for DRE Testimony
The court of appeals held yesterday in State v. Fincher, ___ N.C. App. ___, ___ S.E.2d ____ (2018), that the trial court did not abuse its discretion when it permitted […]
When Probation Ends
Knowing when probation begins is generally pretty easy. Figuring out when it ends can be a little trickier.
State v. McCaster and the Recalcitrant Probationer
Suppose a defendant is convicted of a class I felony and has a prior record level of I. That’s a “C” block on the felony sentencing grid, where only community […]
Court of Appeals Reconsiders State v. Reed and Again Finds a Fourth Amendment Violation
The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 […]