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Search Results for: open carry

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Fatal Variance — Use It or Lose It

October 6, 2017August 20, 2012 Jessica Smith

…indictment alleges that the defendant “unlawfully, willfully, and feloniously did steal, take, and carry away a 14K gold wedding band, personal property, such property having a value of $1,075.” In…

Categories Procedure, Uncategorized Tags charging documents, defect, fatal defect, fatal variance, mason, variance 1 Comment
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Strict Liability Crimes

October 11, 2017November 30, 2010 Jessica Smith

…14-27.7A is a strict liability crime.”); State v. Sines, 158 N.C. App. 79, 84 (2003). G.S. 14-269.2 (posses or carry weapons on campus or other educational property). State v. Haskins,…

Categories Crimes and Elements, Uncategorized Tags intent, mens rea, strict liability 3 Comments
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News Roundup

September 1, 2023 Brittany Bromell

…first-degree murder and carrying a gun on an educational campus in connection with the shooting. Thank you to all who have reached out to us here at the School of…

Categories Uncategorized Tags criminal law news, news, news roundup
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Case Summaries – North Carolina Supreme Court (12/6/2019)

December 11, 2019 Christopher Tyner

…left the church testified that the EMT did not see him carrying anything at that time. The court reviewed “well-settled caselaw” establishing that “evidence of a defendant’s mere opportunity to…

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Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?

February 19, 2024February 19, 2024 Jeff Welty

…The authority conferred upon the trial judge to issue a warrant of arrest upon an indictment does not, under the circumstances here disclosed, carry with it the power to decline…

Categories Procedure, Uncategorized Tags citizen initiated criminal process, criminal process, discretion, magistrates, probable cause

Gun-Toting Felons

February 24, 2009 Jeff Welty

…in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms…

Categories Crimes and Elements, Procedure, Uncategorized Tags firearms, PJC 77 Comments
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A/N/D Reporting: Rights, Protections, and Prosecutor Review

June 29, 2017 Sara DePasquale

…local government entity or agent when that entity demonstrates to DSS a need for the reporter’s name to carry out its mandated responsibilities. GS 7B-302(a1)(1a). Notice to Reporter DSS is…

Categories Procedure, Uncategorized Tags abuse, dependency, neglect, prosecutors Leave a comment
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Constructive Possession of Drugs

October 11, 2017November 1, 2010 Jessica Smith

…carrying several others as passengers. To establish constructive possession, it is not necessary to show that a defendant has exclusive control of the premises. State v. McLaurin, 320 N.C. 143…

Categories Crimes and Elements, Uncategorized Tags constructive possession, drug offenses, drugs, possession 1 Comment
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New Misdemeanor Crime of Domestic Violence

June 6, 2023June 6, 2023 Brittany Bromell

…could only be sentenced for that higher offense”). There is an open question as to whether this limiting language applies to offenses that carry the same punishment, like assault with…

Categories Crimes and Elements Tags domestic violence, domestic violence misdemeanors, gun prohibition, gun rights, legislation

Should Small Towns Have Police Departments?

August 29, 2022 Jeff Welty

…suspects in vehicles and on foot, arresting individuals who don’t want to be arrested, carrying firearms, and lots of other things that can go terribly wrong. Compared to garbage collection,…

Categories Uncategorized Tags kenly, police, small towns
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Authors

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Phil Dixon (192)
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Belal Elrahal (26)
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Ian Mance (3)
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Kirsten Leloudis (1)
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Melanie Crenshaw (2)
Meredith Smith (5)
M. Jeanette Pitts (2)
Alex Phipps (86)
Sara DePasquale (9)
Shea Denning (632)
Jessica Smith (252)
SOG Staff (77)
Daniel Spiegel (36)
Timothy Heinle (1)
Timothy Heinle (6)
Tom Thornburg (6)
Jeffrey Welty (1195)
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