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Search Results for: open carry

Draft Bulletin on Probation Violations

April 11, 2013 Jamie Markham

…on the blog and open it up for wider comment. There have been many changes in this area of the law in the past 5 years—from the reforms enacted in…

Categories Sentencing, Uncategorized Tags probation, probation violations, Sentencing 6 Comments
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Some Clarity on Self-Defense and Unintended Injuries

June 11, 2018June 5, 2018 John Rubin

…new trial. Open Issues. The Court of Appeals distinguished an earlier decision, State v. Alston, 161 N.C. App. 367 (2003), which held that “‘self-defense, as an intentional act, [cannot] serve…

Categories Crimes and Elements, Uncategorized Tags involuntary manslaughter, self-defense 1 Comment

Thoughts about Ward

October 11, 2017June 28, 2010 Jeff Welty

…controlled substance?” Again, I don’t know. But at least two possibilities come to mind. First, the court might be leaving the door open to some alternative technology, like radiological identification…

Categories Evidence, Uncategorized Tags controlled substances, drugs, marijuana, visual identification, ward 4 Comments
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Case Summaries — N.C. Court of Appeals (Nov. 3, 2020)

November 5, 2020November 5, 2020 Shea Denning

…had chased her inside the house, and someone had invited her to the house. (1) Before making an opening statement, defense counsel notified the court that he would be admitting…

Categories Uncategorized Tags case summaries, court of appeals of north carolina Leave a comment
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Spring 2024 Cannabis Update (Part II)

April 10, 2024 Phil Dixon

…the borders of North Carolina opens to the public on April 20, 2024 (the date is not a coincidence, as this N&O article notes). Any adult 21 or older will…

Categories Crimes and Elements, Evidence Tags cannabis, drug ID, drug identification, expert opinion, hemp, lab reports, lay opinion, marijuana, Qualla boundary, reclassification

Drug Dogs

November 18, 2009 Jeff Welty

…dog to the storage facility, which was a climate-controlled building with storage units opening off an indoor hallway, and got the consent of the facility’s owner to walk the dog…

Categories Search and Seizure, Uncategorized Tags canines, dogs, expectation of privacy, fourth amendment, sniffs 4 Comments

News Roundup

August 11, 2009 Jeff Welty

…were complaining about the brutal temperatures, which regularly pushed into the — gasp! — high 70s. Anyhow, reading the Toronto papers was an eye-opener, especially this article about an infamous…

Categories Crimes and Elements, Evidence, Sentencing, Uncategorized Tags canada, mexico, news roundup, prisons, race, sex offenders, sex offenses 1 Comment

Did State v. Singleton Bring a Sea Change in the Law of Indictments?

August 26, 2024 Daniel Spiegel

…where such mechanisms as open file discovery, see G.S. 15A-903, and a motion for a bill of particulars exist. Slip. op. 42, n. 16. When must defendants challenge indictments to…

Categories Uncategorized Tags essential elements, indictments, jurisdiction, state v. singleton
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Don’t Look a Gift Horse in the Mouth

March 18, 2016June 25, 2012 Jessica Smith

…after Melendez-Diaz. Again, these statutes provide a vehicle for obtaining a constitutional waiver of confrontation rights. But prosecutors have to open the gift to realize its benefits. As a refresher,…

Categories Evidence, Procedure, Uncategorized Tags confrontation, crawford, jones, notice and demand 1 Comment

Heller . . . Britt . . . What’s Next for Gun Laws?

October 11, 2017November 19, 2009 Jeff Welty

…Court rules that the Second Amendment applies to the states, that will open the door to Second Amendment challenges to an array of state and local firearm regulations. An example…

Categories Crimes and Elements, Uncategorized Tags Britt, firearms, guns, Heller, mcdonald, second amendment Leave a comment
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