Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court

By / November 11, 2015

I posted previously about State v. Packingham, in which the North Carolina Supreme Court upheld a state statute prohibiting the use of social networking sites by registered sex offenders. In that post, I promised more analysis. Here it is. The statute at issue in the decision is N.C.G.S. § 14-202.5: (a) Offense. — It is unlawful …

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High court declines to hear cell-site data case – SCOTUS

By / November 11, 2015

I have previously written about the Fourth Circuit’s decision in US v. Graham, in which the divided court concluded that extended cell-site data could not be admitted without a warrant – and splitting from other circuits. I’ve also previously written about State v. Perry, in which the N.C. Court of Appeals concluded no warrant was …

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N.C. Supreme Court Opinions for November 6, 2015

By / November 6, 2015

The North Carolina Supreme Court has issued a batch of opinions: State v. Packingham, (366PA13). Whether N.C.G.S. 14-202.5, prohibiting all registered sex offenders from accessing commercial social networking internet sites, is constitutional on its face and as applied. Additional Coverage. Even more to come. Morningstar Marinas/Eaton Ferry, LLC v Warren County, et al., (131A14). Appeal by a …

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North Carolina Supreme Court upholds law prohibiting registered sex offenders from accessing a social networking site

By / November 6, 2015

State v. Packingham. This opinion just broke. More analysis to come. For now, here are a few nuggets: N.C.G.S. § 14-202.5 bans use of commercial social networking Web sites by registered sex offenders. Defendant, a registered sex offender, had a Facebook account. The case went to trial and, after considering evidence that defendant maintained a …

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A single cell phone photo insufficient to show intent under 18 U.S.C. § 2251(a) – Fourth Circuit

By / November 6, 2015

US v. Palomino-Coronado. Let’s get something out of the way: the Defendant-Appellant is a bad guy. Facts are clear that he repeatedly raped his seven year old neighbor. The appeal does not argue otherwise. Instead, the appeal argues that the statute under which Palomino-Coronado was convicted, 18 U.S.C. § 2251(a), has a specific intent requirement. The statute …

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N.C. Court of Appeals Opinions for November 3, 2015

By / November 4, 2015

The North Carolina Court of Appeals released a batch of opinions today: Clarke, ex rel v Mikhail (15-235). Medical malpractice; wrongful death; intervening and superseding negligence; burden of proof; bifurcation; 404(b) evidence; causation; jury instruction Collins v. Collins  (15-481). Accustomed standard of living; Findings of fact; NCGS 50A-16.3A; Savings as part of alimony; Attorney fees; Late entry of …

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A discussion on database authentication – NC Court of Appeals

By / October 22, 2015

State v. Hicks. Eric Hicks was convicted of manufacturing meth. He appealed the conviction. His arrest came after a tip top a school resource officer about a meth lab, and a safety check on his children by officers during which they saw plastic bottles used in meth production in plain view with his trash cans. …

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N.C. Court of Appeals Opinions for October 20, 2015

By / October 20, 2015

The North Carolina Court of Appeals has released a new batch of opinions: State v Campbell  (13-1404-2). fatal variance, special property interest, ineffective assistance of counsel, NC Rules of Evidence 403 & 404(b) CB Windswept, LLC v Cape Fear Pub. Util. Auth.  (15-374). Water and sewer impact fees- ultra vires Miller v Miller  (15-309). credit for over payment of …

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$100 sufficient to support non-compete – N.C. Court of Appeals

By / October 8, 2015

Employment Staffing Group v. Little. Most tech practitioners can recite the doctrine that a non-compete is not enforceable without consideration. Usually, the offer of employment is the consideration. Sometimes, an employer wants to add a non-competition covenant after the employment has already begun. Lawyers vary on what they tell their client is the minimum possible consideration. Some …

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