In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest.…
I’ve been thinking about Governor Jim Hunt since learning of his passing, and it pulled me back to a time in my life I had not revisited in years. It feels like a long time ago now. I was a student at NC State, somewhere around 1986 or 1987. I…
Drug-based DWI prosecutions in North Carolina operate under an evidentiary framework that differs substantially from alcohol enforcement. In DUI cases involving drugs (sometimes called DUID – driving under the influence of drugs) or “drugged driving” by the general public, the forensic analysis and legal issues tend to be significantly more…
North Carolina law prohibits the possession, sale, and trafficking of controlled substances. Yet the same State that prosecutes those offenses also taxes and therefore profits them. Is that right? Does that make sense? Should the government profit from crime? Is it OK to tax Drugs? Extortion? What about Illegal Pornography,…
The Voluntary Intoxication defense in North Carolina criminal law is not an excuse for unlawful conduct but an evidentiary doctrine that can negate the specific intent required for certain crimes. It is one of the most demanding defenses to raise, requiring a high threshold of proof. Key Principles of the…
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…
North Carolina’s concealed carry law may be on the verge of a historic change. Presently, you must still have a valid permit to carry a concealed handgun. On July 29, 2025, the North Carolina Senate voted to override Governor Stein’s veto of Senate Bill 50, known as the “Freedom to…
I’d already had a rough day when I got the text from my wife sharing Fergie passed. “Dang,” was the only thing I could respond. I was without words. When someone from another generation passes away, particularly someone who was nothing less than a living legend and touchstone in the…
Intermittent fasting has gained popularity for a range of personal and medical reasons, from weight management and metabolic health to religious observance and athletic discipline. While it may offer certain physiological benefits, fasting also triggers changes in the body’s metabolic pathways that may complicate the interpretation of forensic alcohol testing…