Is Your Subpoena Defective?

July 16th, 2021
On July 6, 2021, the N.C. Court of Appeals ruled that a witness may be held in criminal contempt despite being served with a defective subpoena because she was additionally served by telephone subpoena. See State v. Gonzalez, ___ N.C. App. ___, 2021-NCCOA-309 (2021). To appreciate the holding, one must understand that a subpoena may served in sever… Read More
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Police Recordings and North Carolina Law

May 2nd, 2021
Law enforcement body-worn and dash camera recordings (“Police Recordings”) have been the subject of nationwide controversies. Most recently, a North Carolina court denied the release of Police Recordings in a high-profile case in Elizabeth City. This article provides a general understanding of the law governing the release and disclosure of Pol… Read More
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Unknown Traps of a 50B

December 30th, 2020
Many North Carolinians are familiar with a “50B.” However, most are unaware of its authorized relief and profound impacts in other areas of law. The Statutory Structure A “50B” is shorthand for the statutes authorizing relief from an act of domestic violence. See N.C. Gen. Stat. § 50B-1, et seq. An act of “domestic violence” includes a… Read More
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Grace Has Limitations: Criminal Law Immunity

December 21st, 2020
On December 15, 2020, the N.C. Court of Appeals held that an immunity from prosecution statute does not apply to a drug possession charge when a defendant failed to raise the defense of immunity during trial after she overdosed, sought medical assistance, and evidence was gathered therefrom. See State v. Osborne, ___ N.C. App. ___, 2020 N.C. App. L… Read More
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Is the North Carolina Stay-at-Home Order Lawful?

May 12th, 2020
Life brings controversy. The Stay-at-Home Order issued by Governor Roy Cooper is one example. First, there is a difference between “stay-at-home” and “shelter-in-place” orders. These phrases, undefined by statute, describe their literal effects. A “stay-at-home” order describes the order issued in response to COV… Read More
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Do I Have to Blow?

May 1st, 2020
In general, a driver may refuse to blow into a portable breath test (“PBT”), a test often administered during a traffic stop when determining probable cause to arrest. Refusal to blow into a PBT does not revoke a driver’s license in North Carolina. However, the refusal may be used against a driver by an officer to determine probable cause, in… Read More
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Alimony: Insufficient Evidence to Include Spouse’s Future Bonuses

April 20th, 2020
Do future bonuses count for alimony? It depends. North Carolina family law attorneys must prove bonuses occur “on a consistent basis”; otherwise, case law excludes the same. In Finn v. Finn, the issue was whether the husband, a Wells Fargo executive, was required to pay alimony to his spouse, a former nurse and homemaker, after a twenty… Read More
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Fingerprint Evidence Under Scrutiny in North Carolina Courts

April 13th, 2020
Expert evidence remains a high burden under Rule 702. On April 7, 2020, the North Carolina Court of Appeals held a trial court committed legal error in admitting an expert’s fingerprint testimony for the prosecution.1 In Koiyan, the defendant was indicted for Robbery with a Dangerous Weapon.2 Part of the facts elicited at trial included an expert… Read More
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