Court of Appeals Caseload Information
House Bill 239 would reduce the number of judges on the court of appeals from 15 to 12. It has passed the House and awaits Senate consideration. Proponents of the […]
February 13, 2017
Proving a Minor’s Sexual Purpose for Sexual Assault Crimes
A recent Court of Appeals opinion turned on a point of law that sometimes trips up folks in sexual assault cases: When a juvenile is alleged to have committed a […]
November 23, 2016
Five Things I’m Thankful For
Today’s post is the last for the week since the School of Government is closed Thursday and Friday for the Thanksgiving holiday. In honor of the occasion, I want to […]
November 9, 2016
The 2016 Election
Wow. That was a surprise. Donald Trump has been elected to serve as the nation’s 45th president, defying the outcome nearly all the experts predicted, in what The Washington Post […]
October 31, 2016
Failure to Allege, in an Application for a Search Warrant, that the Premises to Be Searched Is the Suspect’s Home
Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek […]
October 25, 2016
North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not […]
October 11, 2016
Drug Users, Drug Sellers, and Probable Cause
Here’s a common fact pattern: Officers find a person in possession of drugs. The officers say, in effect, “we won’t arrest you if you’ll tell us who sold you the […]
September 27, 2016
An Officer’s Reasonable Mistake of Law and Recent Court of Appeals Ruling
The United States Supreme Court in 2014 ruled in Heien v. North Carolina, 135 S. Ct. 530 (affirming State v. Heien, 366 N.C. 271 (2012)), that an officer’s objectively reasonable […]
May 9, 2016
Court of Appeals Finds Extension of Traffic Stop Unsupported by Reasonable Suspicion
Last week, the court of appeals decided State v. Bedient, a significant post-Rodriguez opinion on traffic stops. The court ruled that an officer lacked reasonable suspicion to extend a stop […]
April 26, 2016
N.C. Court of Appeals Rules That Defendant Did Not Make An Unambiguous Assertion of Right to Counsel Under Miranda to Bar Officer’s Custodial Interrogation
The United States Supreme Court and North Carolina appellate courts have ruled that a defendant must make an unambiguous request for counsel under Miranda to bar an officer’s custodial interrogation. […]
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