Sentencing Rules for Rape and Sexual Offense Against a Child by an Adult Offender

In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more

News Roundup

Results from the July bar examination are now available. Apparently, there were some, um, irregularities in the administration of the test. Above The Law reports that “[o]ne test site — which appears to have been a giant livestock pen at the state fairgrounds — lost power, causing all kinds of drama as the students tried … Read more

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Update on New G.S. 20-13.3: Civil License Revocations for Provisional Licensees

Want to frighten your 16 or 17-year-old this Halloween?  Tell her that if she is charged with speeding more than 15 mph over the speed limit, she’ll be arrested and she’ll lose her license.  It may sound scary, but, after January 1, 2012, it is true.  I’ve written before about the new civil license revocation … Read more

Guns in Parks

I’ve had a huge number of calls about one particular aspect of S.L. 2011-268, the omnibus gun rights bill enacted during the recently completed legislative session. The provision in question is Section 21.(b) of the bill, which limits municipalities’ authority to regulate guns in parks. Specifically, Section 21.(b) amends G.S. 14‑415.23 as follows: 14‑415.23.  Statewide … Read more

Georgia Case on Searching Cell Phones Incident to Arrest

State court decisions from other southeastern states seem to carry a bit more weight as persuasive authority than do cases from jurisdictions that are farther afield. Therefore, I thought I’d summarize a recent decision by the Georgia Court of Appeals about searching cell phones incident to arrest. The case is Hawkins v. State. A police … Read more

I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part II)

Recall from yesterday’s post that we are considering the following scenario: Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is a prior conviction level III and has previously violated probation, the judge imposes an … Read more

Does Mandatory AA/NA Violate the First Amendment?

The First Amendment says, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” There are two religion clauses in the amendment, the Establishment Clause and the Free Exercise Clause. Lately I’ve been getting a lot of questions about the Free Exercise … Read more