…asserting: “Not only have we adopted more criminal laws at an astonishing clip, but the punishments our criminal laws carry have also grown markedly.” It goes on to ask whether…
…of felony possession of cocaine, possession of a firearm by a felon, possession of a weapon on school property, misdemeanor resisting a public officer, second-degree trespass, and carrying a concealed…
…Jones enters notice of appeal in open court because he wants a jury trial. What may the district court judge properly say at this point? (1) Bailiff, he’s in your…
…and riding a bike was carrying an illegal firearm. When the officers approached defendant, they gave conflicting reasons for the approach, with one officer referencing trespass and the other officer…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July 2024. Cases of potential interest to state practitioners are summarized monthly….
…vehicle’s open doors—in daylight hours with pedestrians and vehicles in the immediate vicinity and a male officer standing close by with a Taser. The search included pulling her underwear out…
…a protest in Hillsborough over the removal of a confederate monument in 2019. During the protest, an officer observed defendant carrying a concealed firearm. Defendant was indicted for violating G.S….
…mind, such as assault by strangulation under G.S. 14-32.4(b) and stalking under G.S. 14-277A. Although the latter statute does not require a specific relationship, it opens with the statement that…
…carry in future cases involving Y or Z? One lawyer’s holding may be another lawyer’s dictum, and my obiter dicta may be your judicial dicta. To quote from another past…
…it a citation or a magistrate’s order? The court of appeals in Turner repeatedly refers to the charging document as a citation. Yet the opening paragraph of the court’s opinion…