Waiver of Counsel: Legal Framework and Standard of Review Criminal defendants have a fundamental right to the assistance of counsel under the Sixth Amendment to the U.S. Constitution and Article I of the North Carolina Constitution. A defendant also has the right to proceed without counsel and represent himself or…
In North Carolina v. Capps, the North Carolina Court of Appeals examined two key issues arising from a felonious possession of stolen goods conviction: (1) whether the evidence was sufficient to prove the defendant’s constructive possession of stolen property; and (2) whether the trial court erred by excluding as hearsay…
Is sexual discrimination during jury selection a problem in North Carolina courtrooms? In North Carolina v. Bell, the North Carolina Supreme Court considered whether the defendant’s claim—that prosecutors used peremptory strikes based on gender—had been properly preserved for appeal or post-conviction review. The Court said no. This case is a…
Helping explain the 0.3 THC threshold and marijuana vs hemp issues to the jury likely necessitates a jury instruction that adds important language to pattern jury instruction that fully and accurately reflects the definition of hemp consistent with N.C.G.S. 90-87, NC PJI 260.10, NC PJI 260-15, NC PJI 260.17 et…
Under North Carolina law, “marijuana” is a controlled substance defined to exclude legal hemp. Following the 2018 federal Farm Bill, NC amended its statutes to align with the 0.3% THC threshold. Specifically, hemp is defined as cannabis (any part of the plant, including derivatives) with ≤0.3% delta-9 THC by dry…
In any marijuana vs hemp drug prosecution, the State bears the burden of proving beyond a reasonable doubt that the substance involved exceeds North Carolina’s legal THC limit of 0.3%, thereby making it illegal marijuana and not lawful hemp. In the recent case State v. Ruffin, the North Carolina Court…
The North Carolina Court of Appeals’ recent decision in State v. Ruffin, ___ N.C. App. ___ (Mar. 5, 2025), provides guidance on marijuana identification in the post-hemp era. The defendant in Ruffin was convicted of multiple drug offenses, including the sale and delivery of marijuana, arising from a controlled buy…
As hip-hop mogul Sean “P. Diddy” Combs heads to trial on federal sex trafficking charges, a critical question looms: can he get an impartial jury despite his fame and the salacious allegations? This is no ordinary case – nearly everyone has heard of P. Diddy. The worry is that half…
Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, blood tests, and standardized field sobriety tests. Given the scientific, forensic, and at times highly technical aspects…
Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used…