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Search Results for: open carry

State v. Morgan and Findings of Good Cause for a Hearing after Expiration

August 30, 2019August 29, 2019 Jamie Markham

…open question (and come to think of it, I don’t think the “specific findings” requirement in G.S. 15A-1343.2(d) has ever been before the supreme court). For the time being, probation…

Categories Sentencing, Uncategorized Tags 15A-1344, probation, probation violations, State v. Morgan, violations after expiration 1 Comment
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When May the State Use Evidence of a Defendant’s Silence Before Trial?

May 22, 2024 Shea Denning

…you are interested in reading more about permissible and impermissible jury argument, check out the recently updated chapter on Opening and Closing Arguments in the NC Superior Court Judges’ Benchbook….

Categories Procedure Tags fifth amendment, impeachment, miranda, right to silence, state v. boston

Sex Offender Case Law Update (Part I)

October 18, 2017July 15, 2009 Jamie Markham

…record before us” appears three times in Bare, seemingly leaving open the possibility that other offenders subject to SBM might be able to bring forth sufficient affidavits, testimony, or other…

Categories Sentencing, Uncategorized Tags ex post facto, satellite based monitoring, sex offenders, sex offenses Leave a comment

The Absconding Donut Hole

September 5, 2012 Jamie Markham

…The problem, of course, is that thousands of probationers are not subject to the statutory absconding condition. As discussed in the opening paragraph above, that new condition only applies to…

Categories Procedure, Sentencing, Uncategorized Tags absconders, absconding, donut hole, jra, justice reinvestment, probation, probation revocation, probation violations 4 Comments

Supreme Court: Alert by a Trained or Certified Drug Dog Normally Provides Probable Cause

February 20, 2013 Jeff Welty

…routine traffic stop on the defendant’s truck. The defendant appeared nervous and there was an open beer can in the vehicle, so the officer asked for consent to search. The…

Categories Search and Seizure, Uncategorized Tags dog sniff, drug dogs, harris, narcotics dogs, probable cause, supreme court 5 Comments
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State v. Courtney: Retrying the Defendant after Charges Have Been Dismissed

May 16, 2018 Shea Denning

…a prosecutor to dismiss criminal charges by entering an oral dismissal in open court before or during the trial or by filing a written dismissal with the clerk at any…

Categories Procedure Tags 15A-931, deadlocked jury, double jeopardy, hung jury, mistrial, murder, state v. courtney, State's election rule 2 Comments
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Self-defense, Intent to Kill and the Duty to Retreat

September 18, 2018 Phil Dixon

…fears losing control of his car and decides to defend himself with his (lawfully possessed) pistol. He aims through his open window at the other driver’s front tire and shoots,…

Categories Crimes and Elements, Uncategorized Tags duty to retreat, intent to kill, self-defense, State v. Ayers 2 Comments
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News Roundup

October 16, 2020 Christopher Tyner

…Antonin Scalia in the late 1990’s. Prior to becoming a federal judge, Barrett spent 15 years as a law professor at Notre Dame. She noted in her opening statement that…

Categories Uncategorized Leave a comment
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Case Summaries – N.C. Court of Appeals (March 21, 2023)

March 23, 2023 Alex Phipps

…incident. The Court of Appeals found no error. In November of 2020, defendant entered the backyard of a Wilmington home and attempted to open the door of a storage shed….

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals

Petitions for Removal from the Sex Offender Registry: The Wetterling Finding — Part I

October 18, 2017May 16, 2012 Jamie Markham

…and Safety Act of 2006, Pub. L. 109-248—the successor to the Jacob Wetterling Act. As I discussed in the prior post linked in the opening paragraph above, one portion of…

Categories Procedure, Uncategorized Tags petitions to terminate, registration, sex offenders, SORNA, wetterling 19 Comments
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