Criminal Law

FACE Act Under Heightened Scrutiny as President Trump Pardons Pro-Life Advocates

March 18, 2025

Since Dobbs, the number of pro-life activists being prosecuted for violations of the 18 U.S.C. § 248 Freedom of Access to Clinic Entrances (FACE) Act saw a marked uptick under the Biden Administration. After a wave of pardons by President Trump, important legal questions remain unanswered as Congress seeks to overturn the FACE Act. [...]

How Long is Too Long?

February 20, 2025

Stopping a vehicle for speeding, writing a ticket, and sending that person on their way is on the “simple” side of the spectrum. Complexity arises with continued questioning, K’9’s, or asking drivers to step out of their vehicles. These additional factors suddenly create a growing issue: how long is too long for a traffic stop? [...]

Missing and Murdered Indigenous Women: An Epidemic

August 9, 2023

Countless cases of Missing and Murdered Indigenous Women have been reported by Indigenous communities but have not made headlines. The following personal accounts come from those reports. It is April 18, 2017 and residents of a neighborhood in Lumberton, North Carolina have just discovered the naked body of Rhonda Jones stuffed in a trashcan. Rhonda was a thirty-six year old woman and member of the Lumbee Tribe. Only a few hours had passed when Christina Bennett, another member of the Lumbee [...]

The Officer that Cried “Weed.” Why Some States Won’t Legalize Marijuana.

February 1, 2023

Picture it; a car is pulled over by the police for a traffic offense—perhaps speeding or not using a turn signal. The officer says he smells marijuana and demands that the driver get out of the car so that he can proceed with his warrantless search. The officer finds marijuana, cocaine, and a firearm. What started as a simple traffic stop has now turned into a full criminal investigation. Something that would have been handled quickly in traffic court now has the potential to be a criminal [...]

Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault

January 14, 2023

Ratified in 1791, the Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions. The amendment requires a speedy and public trial as well as an impartial jury; it also encompasses the confrontation clause. The Confrontation Clause provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” The purpose of this provision is to allow defendants to question their accusers in [...]

Murder on the “Rust” Express

March 29, 2022

As facts continue to come to light about Halyna Hutchins’s death, there is one thing that is known, Hutchins was fatally shot with a loaded prop gun while on the set of the film, “Rust.”  As the wielder of the weapon, Alec Baldwin has been implicated in her death.  The police have begun to investigate the event, and the world is wondering what the legal impacts of the incident will be on Baldwin, the producers, and the film industry itself. “In persons grafted in a serious trust, [...]

The Night the Lights Went Out in SC

March 10, 2022

The name “Murdaugh” has held a position of honor in the South Carolina Lowcountry for over three generations.  In addition to a private law practice, at least one Murdaugh served as the 14th Circuit Solicitor for over 80 years.  The 14th Circuit Solicitor’s Office sits between two of the South’s most important cultural centers, Charleston and Savannah—the Office is part of a region steeped in cultural mysticism.  The Solicitor’s Office has long been home to a member of the [...]

To Ban or Not To Ban: The Death Penalty in Limbo

September 14, 2021

The idea of capital punishment and its legality have enveloped the news and media for centuries.  But where did the death penalty come from, how has it developed over time, and how much longer will it be around? [...]

Mugshots & the Degradation of the Presumption of Innocence

February 26, 2021

What do Johnny Cash, Bill Gates, Al Capone, and Martin Luther King Jr. all have in common?  Mugshots.  All of these history-defining individuals, for one reason or another, had interactions with the law.  However, despite these figures gaining notoriety in spite of their mugshots, for many individuals, this is not the case.  In fact, it is quite the opposite. An Overview A mugshot is a photograph taken by a law enforcement agency upon an individual’s arrest to be used in the [...]

Insurrection at the Capitol Revives Debate Over Statute Outlawing Domestic Terrorism

January 19, 2021

Currently, there is no federal law or crime that directly addresses and outlaws “domestic terrorism.” Thus, domestic terrorism is not a chargeable criminal offense. Despite the fact that lawmakers, experts, and the media have identified the reprehensible events of January 6th as domestic terrorism, prosecutors cannot actually charge the rioters specifically with domestic terrorism. [...]

Cops, Not Robbers: The Clash Between No-Knock Warrants and the Castle Doctrine

January 2, 2021

The use of no-knock warrants has increased exponentially over the last few decades, highlighting a fatal clash between no-knock warrants and the castle doctrine. The killing of Breonna Taylor has sparked public outcry and has thrust two competing legal principles – the no-knock warrant and the castle doctrine – into the public eye.  Law professor Michael Mannheimer noted in an article with the Washington Post that a gunfight can occur between the police and a homeowner and “no one will [...]
1 2