General Assembly Creates New Crime of Death by Distribution
Back in 2017, I wrote about murder charges premised on the unlawful distribution of drugs and what the State must prove to establish a defendant’s guilt. One element the State […]
October 4, 2018
What We Can Learn from Jack the Ripper
The murders in London in 1888, attributed to Jack the Ripper, were bloody and bizarre. The Ripper tour the students and I took, graphically narrated by our guide, was stomach […]
May 16, 2018
State v. Courtney: Retrying the Defendant after Charges Have Been Dismissed
James Courtney was charged with first degree murder in 2009 for shooting and killing James Deberry outside Deberry’s Raleigh apartment. Courtney was tried on those charges in December 2010. The […]
October 25, 2017
State v. Mosley, Murder, and Depraved Heart Malice
Darian Mosley’s sentence for second degree murder was vacated last week because the jury did not specify whether he acted with (1) hatred, ill-will or spite, (2) intentionally and without […]
February 12, 2015
The Significance of Naming a Hate Crime
The murder of three young, gifted students in Chapel Hill Tuesday evening has generated a local, national, and international outpouring of grief and outrage. Deah Barakat, 23, his wife, Yusor […]
July 8, 2014
Criminal Charges for Random Gunfire
A man in Charlotte was struck by a stray bullet on July 4th. The police say that “it appears that it was not an intentional shooting but that someone . […]
December 18, 2013
Premeditation and Deliberation
A recent Court of Appeals (here) dealt with the issue of whether the evidence was sufficient to establish premeditation and deliberation in a first-degree murder case (it was). Since that […]
May 14, 2013
Street Names and Nicknames
Suppose that a murder defendant goes by the street name “Hit Man.” The prosecution wants the investigating officer to testify that she received a tip that “Hit Man” committed the […]
April 15, 2013
When Charging Murder, Is the Offense Date the Date of the Attack, or the Date of the Victim’s Death?
Suppose that Dan shoots Victor on January 1, and that Victor dies from his wounds, but not until January 3. When a magistrate issues an arrest warrant, or the grand […]
December 12, 2012
Murder Rates and Medical Progress
The murder rate in North Carolina is falling. The same is true nationally. A recent article suggests that shootings are actually up, but deaths are down due to medical advances. […]
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