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I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood
I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood
Campbell Law Review
This article argues that a criminal in a search and seizure case can expect disparate results in different state trial courts although identical factual situations exist. The good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon has not been applied with uniformity in state courts. Furthermore, this article finds that some state courts, relying on "adequate and independent" state grounds, have afforded criminal defendants greater protection under state constitutions and statutes than they would receive in other state courts or federal district courts. Finally, this article argues that state appellate …
Faith, Reason, And Bare Animosity, Daniel A. Crane
Faith, Reason, And Bare Animosity, Daniel A. Crane
Campbell Law Review
This article critiques the convergence of the nonestablishment and "naked animosity" principles as applied to religiously motivated state action.
The End Of The North Carolina Abortion Fund, Paul Stam
The End Of The North Carolina Abortion Fund, Paul Stam
Campbell Law Review
This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
Campbell Law Review
This Comment argues that using a traffic fatality to satisfy the felony-murder rule is inappropriate. When the State prosecutes a DWI fatality under the felony murder rule, it diminishes the concept of an ancient doctrine. If it is the goal of the State to give life sentences or the death penalty for DWI fatalities, then it is the responsibility of the North Carolina General Assembly to enact a statute specifically dictating such punishment rather than the court judicially imposing the punishment through their interpretation of the felony-murder rule.