Stipulating to Prior Convictions for Second-Degree Murder
In a previous post I wrote about State v. McNeil, a case that resolved the question of how to count prior convictions for possession of drug paraphernalia, in light of […]
July 6, 2017
Murder Charges and the Opioid Epidemic
Jeff wrote on Monday about efforts by North Carolina government officials to combat the opioid epidemic.The initiatives he highlighted, such as addiction treatment and needle exchange programs, primarily attack the […]
September 28, 2016
Unlawful Racing of Motor Vehicles
When I think of unlawful racing, scenes from old movies come to mind. I see guys (more specifically, James Dean and John Travolta) in white t-shirts and leather jackets behind […]
March 16, 2016
What’s the Proper Charge When the Violation of a Traffic Law Causes Someone’s Death?
In 2014, 1,284 people were killed in traffic accidents in North Carolina. Most of those people were occupants in a passenger car, though motor vehicle crashes also claimed the lives […]
November 11, 2015
Is Involuntary Manslaughter a Lesser of Second-Degree Murder by Drug Overdose?
I’ll save you the suspense: Yes. Read on for an explanation.
September 10, 2014
Sentencing the Worst Kind of DWI
Most impaired drivers arrive at their destinations without harming themselves or anyone else. And few such drivers are actually stopped by police. That may explain why eight percent of people […]
July 10, 2012
Change in Punishment for Second-Degree Murder
Senate Bill 105, which passed both chambers of the General Assembly overwhelmingly and appears certain to become law (either with the Governor’s signature or because of the passage of time […]
March 28, 2011
When Does DWI Resulting in Death Amount to Second Degree Murder?
Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]
December 14, 2009
Murder by Drugs
Our murder statute, G.S. 14-17, defines first-degree murder, then proceeds as follows: “All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium […]
November 16, 2009
Using Other Bad Acts to Prove Malice in a Vehicular Homicide Case
Among the most recent batch of opinions issued by the Court of Appeals was State v. Tellez, in which the court upheld the defendant’s conviction of two counts of second-degree […]
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