Page 2 - Criminal Practice News Today

Defense counsel moved to dismiss several of the charges brought against defendant but not the one defendant challenges on appeal: trafficking in opiates by possession. Consequently, defendant has not preserved for appeal his argument that the trial court erred in failing to dismiss this charge. In any event, defendant argues the charge should have been

While searching a parking lot for a suspect who had fled on foot, wearing dark multi-color jeans, Goldsboro Police Corporal Michael Rivers was armed with an AR-15, a handgun and a taser. He called out to defendant, who was wearing multi-colored jeans. Defendant walked to him as requested and, after answering his questions, walked away.

Defendant caused a fatal accident around the time of a police-department shift change, leaving the investigating officer without assistance. It took significant time for him to investigate the scene of the accident, and he testified that going to the magistrate’s office to get a warrant would have added at least another hour for suspected alcohol,

In support of a charge of felony speeding to elude arrest, the state presented the arresting officer’s testimony that (1) defendant sped through an area in which the posted speed limit was either 35 or 45 mph, (2) the officer believed the speed limit was 45 mph, (3) he was traveling at a high rate

Defendant appeals (1) the admission of evidence that he confessed to owning a bookbag which contained a digital scale and a lockbox and (2) the trial court’s initial refusal to allow defendant to elicit testimony from a law enforcement officer that defendant had disclaimed ownership of the lockbox, which contained drugs and paraphernalia. However, defendant

Even if petitioner’s objection to the magistrate judge’s recommended decision repeated his previous arguments, his objection was sufficiently specific because it alerted the district court that he believed the magistrate judge had erred in recommending dismissal of his claims. The pro se construction owed to petitioner makes his grounds even clearer. By adopting the magistrate

In Rehaif v. United States, 139 S. Ct. 2191 (2019), the Supreme Court announced a new substantive rule that applies retroactively on collateral review. Rehaif held that a person commits a firearms-possession offense only if he knew that he belonged to the relevant category of persons barred from possessing a firearm. Rehaif therefore altered the

Although the resentencing process set out in United States v. Chambers, 956 F.3d 667, 673–75 (4th Cir. 2020), does not survive Concepcion v. United States, 142 S. Ct. 2389 (2022), the district court nevertheless correctly retained defendant’s original sentence after application of the First Step Act and the Fair Sentencing Act. We affirm the district

The state’s evidence showed a range of dates on which defendant abused his domestic partner’s daughter, “Margot.” During that range, the General Assembly reclassified the offense of intentional child abuse inflicting serious bodily injury (ICAISBI) from a Class C felony to a Class B2 felony; the offense of intentional child abuse inflicting serious physical injury

At jury selection for the Black defendant’s trial for assault on a white police officer, there were only four Black potential jurors in the jury pool. The prosecutor used peremptory strikes against two of the Black jurors, used peremptory strikes against no white jurors, and accepted one Black juror – after the trial court resolved