…be difficult and will certainly be intrusive. Most people don’t carry their birth certificates around, nor would an officer normally have any authority to require a person to present his…
…intent to punish certain offenses at a certain level, but that if the same conduct was punishable under a different statute carrying a higher penalty, defendant could only be sentenced…
…while the officer is attempting to carry out an arrest or prevent an escape. An officer may only use the amount of force that the officer reasonably believes is necessary…
…to the jury. But that can carry unintended consequences, as in State v. Berry, 356 N.C. 490 (2002). In that case, a murder defendant elicited testimony that his nickname was…
…used in carrying out a DRE examination. Though it has since been amended, at the time of the Fincher’s trial, Rule 702 stated in relevant part: (a) If scientific, technical…
…a court official examining a magistrate’s potential unethical conduct would look to the standards of the Code of Judicial Conduct, and the cases that interpret it, in carrying out suspension…
…to carry out the representation, or the disclosure is permitted by [specific circumstances not applicable here]”? This duty extends to former clients, Rule 1.9(c)(2), so the lawyers can’t argue that…
…to do, including information about when the defendant was going to leave his home and what drugs he would be carrying. The prediction of future behavior was borne out in…
…bulge at his hip suggestive of a gun, or perhaps they’d dealt with him in the past and knew him to carry a weapon. Under those facts, would the officers…
…under G.S. 20-16.2 before carrying out testing under the implied consent statutes. When a defendant is not so advised, the results of the ensuing test may be suppressed. A chemical…
