It takes balls to be a witness. Hello, my adoring millions. After my un-asked-for hiatus (Wordpress locked me out), I'm back! So I thought, rather than grab you by the P#*%%y, Trump-style, I'd grab your attention instead with this titillating title (do you know how to titillate an ocelot? You oscillate its a tit lot). [...]
I have a new blog and it's going to be up and running soon. Stay tuned for the latest from John McWilliam!
A man is stopped for not wearing a seat belt and busted on drug charges. What constitutes probable cause. Does the end justify the means? You tell us.
YET ANOTHER ASSAULT ON OUR RIGHTS While the Republican majority in the North Carolina Legislature might be composed of Tea Party bigots appealing to their Neanderthal base, they’re not completely stupid. They know how to whip the ignorant mob (who would actually benefit from progressive policies) into an indignant frenzy – all the while [...]
Posted on March 28, 2016 by John McWilliam REPUBLICANS: YOUR MASTERS ARE NOT HAPPY WITH YOU BUT PHIL ROBERTSON LOVES YOU. In case you missed it, my fellow freedom-fighters, last Wednesday, the Tea Party leadership in the North Carolina Legislature called a special session of the General Assembly at a cost of about $42,000.00 of [...]
Moral Monday Round Two This week I was privileged to represent two defendants from the most recent Moral Monday arrests at the North Carolina General Assembly’s Rotunda (North Carolina’s Forum ,if you will) . These two cases were the first cases that the State of North Carolina called for trial stemming from the 2015 [...]
NON-STATUTORY AGGRAVATING FACTORS AND DOUBLE JEOPARDY (THANKS TO THE LATE ANTONIN SCALIA FOR ACTUALLY PENNING SOME DECISIONS THAT WERE CORRECT. R.I.P., I GUESS.) The following is based on actual events. Any resemblance to real persons, living or dead, is purely coincidental (How do these two disclaimers live with each other?) As we all know, [...]
BLOOD TESTS ADMISSIBILITY GOVERNING CHEMICAL ANALYSES; ADMISSIBILITY; EVIDENTIARY PROVISIONS; CONTROLLED DRINKING PROGRAMS A 1. 20-139.1(c1) ADMISSIBILITY A. NOTICE AND DEMAND. 1. WHEN THE STATE WANTS THE EVIDENCE INTRODUCED. NCGS 20-139.1(c1) is the notice and demand requirement that exists for the purpose of curing the confrontation clause problem facing the State when it wants [...]
CHECKPOINTS ARE TERRIBLE. IF YOU’RE A CRIMINAL DEFENSE LAWYER AND YOU’RE NOT CHALLENGING CHECKPOINTS, YOU’RE NOT A CRIMINAL DEFENSE LAWYER. 1. INTRODUCTION Challenging checkpoints requires, initially, a two-prong analysis: first, the checkpoint’s constitutionality on its face; and, second, its constitutionality as applied. The mistake that many defense lawyers make is looking at the [...]
SOME THINGS ARE WORTH REPEATING NON-STATUTORY AGGRAVATING FACTORS There is no such thing as a non-statutory aggravating factor. I repeat: There is no such thing as a non-statutory aggravating factor. All together now: There is no such thing as a non-statutory aggravating factor. NCGS 20-179(d)(9): “Any other factor that aggravates the seriousness of [...]