Judicial Recusal

My colleague Michael Crowell recently published a paper on judicial recusal, available here as a free download. It includes a discussion of the Supreme Court’s recent decision in Caperton v. A.T. Massey Coal Company, about which I previously blogged here and here. But it goes far beyond that, of course, providing a terrific primer on … Read more

Are Judges Underpaid?

Stephen Larson, a federal district judge in California, resigned recently, citing his low salary. (District judges make $169,300 per year.) This has resulted in a robust discussion of whether federal judges are underpaid. Various opinions on the issue are available here, here, and here. Although I don’t have any special expertise in compensation issues, two … Read more

Computer Searches and Plain View

Computers and electronic storage media can hold massive quantities of data. At approximately 30,000 pages per gigabyte, a low-end laptop computer with a 250 gigabyte hard drive can store the equivalent of more than 7 million pages of paper. That’s thousands of bankers’ boxes worth, or as many pages as you’d find at a branch … Read more

The Court of Appeals Weighs in on Vehicle Searches after Gant

The court of appeals released a batch of opinions yesterday. Several are interesting and important, and there were an unusually large number of opinions in favor of defendants, including some in very serious cases. One of those is State v. Carter, the court’s first stab at applying Arizona v. Gant — a case about which … Read more

Inconsistent Verdicts

Further Update: See Shea Denning’s post here about State v. Mumford, in which the court of appeals held that “logically inconsistent and legally contradictory” verdicts cannot stand. It has the potential to expand significantly the circumstances under which inconsistent verdicts are grounds for a new trial. Update: One more type of inconsistent verdict is the … Read more

North Carolina Supreme Court on Searching Cell Phones

I’m still not done with the last round of court of appeals and North Carolina Supreme Court opinions, but I found a little gem in one of the high court’s opinions. For the first time, the state supreme court has addressed the search of a cell phone incident to arrest. I’ve blogged about this issue … Read more

Melendez-Diaz “Fix”

Melendez-Diaz v. Massachussetts, as most readers of this blog know, is the United States Supreme Court’s latest pronouncement on the Confrontation Clause. Generally, it holds that forensic laboratory reports — like chemical analyses of drugs, DNA tests, and so on — are “testimonial” for Confrontation Clause purposes. That means a laboratory report generally may not … Read more

Better than Lexis?

I am constantly amazed at the innovative work my colleagues are doing. A new and incredibly useful tool — but one that is not widely known — is Jessie Smith’s criminal case compendium, available here. It organizes important criminal cases by category, so you can look at the section on indictments if you have an … Read more