Judicial independence is one of the defining principles of American government. It protects the courts from political retaliation, intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure. Without judicial independence, due process would be hollow, and the rule of law…
Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states. North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that…
Quick Take: North Carolina vs. Wilson (Oct. 2025) holds that a defendant’s jailhouse letter admitting to a shooting to law enforcement was admissible as substantive evidence, even when framed as a negotiation. Jailhouse letters in North Carolina are not protected under Rule 408 and may be used as proof of guilt.…
When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…
Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…
For more than three decades, I have worked in North Carolina courtrooms handling DUI cases where law, science, and technology collide. Few areas highlight that collision more than impaired driving prosecutions involving fatalities and serious injuries. When an officer testifies about roadside tests or a LCA – Licensed Chemical Analyst…
Do you believe in the Rule of Law? Talking heads from various sources bandy about Due Process, Equal Protection, and the Rule of Law. But what do those terms really mean and are they even relevant in today’s perpetual, and frankly exhausting, messaging infrastructure? Stripped of partisan slogans, the concept…
Eagle Springs Lake in Waukesha County is not a place you stumble upon. It sits tucked away, a spring-fed lake that has quietly carried on its rhythms for generations. For my family, the Powers name has been tied to this water for more than 100 years. That is not a…
In North Carolina, some people refer to the Alco Sensor FST as the “breathalyzer” or “PBT” (portable breath test). It is is a handheld breath alcohol screening device used by law enforcement on scene to confirm the consumption of alcohol. If you’ve been charged with driving while impaired, it’s a…
Cortisol, often referred to as the primary stress hormone, is produced by your adrenal glands in response to stressful situations, including anxiety-provoking encounters such as traffic stops, arrests, and DWI charges. Cortisol plays an important role in regulating energy by promoting gluconeogenesis, the production of glucose from non-carbohydrate sources, and…