Knowing and Voluntary Miranda Waivers

The Sixth Circuit, sitting en banc, recently decided a very interesting Miranda case. Garner v. Mitchell, available here, is a capital case.  The defendant stole a woman’s purse, took a taxi to her house, robbed it, and set it on fire to conceal his fingerprints, killing five of the six children who were sleeping in … Read more

Madoff and Victims’ Rights

There’s lots of news these days about the Bernie Madoff case.  Apparently, he’s going to plead guilty today, without a plea agreement, exposing himself to a virtually certain life sentence.  I wonder why he’s doing that.  An interesting article, available here, tries to figure out the angle, but comes up empty.  Could he have suddenly … Read more

Speedy Trial

The News and Observer ran a story recently — available here — about the length of time it takes to resolve murder cases in North Carolina. The average time to disposition was 528 days last year. That figure includes cases resolved by plea or dismissal, suggesting that the average time to trial is probably longer. … Read more

Law and Technology News Roundup

I’m more interested than the average person in the intersection between criminal law and emerging technologies.  Several blog-worthy stories in that area have developed over the last few days. First, it looks like more states are considering legislation to keep sex offenders off social networking sites.  I wrote about North Carolina’s law here, and you … Read more

Postconviction DNA Testing

The United States Supreme Court recently heard oral argument in the Osborne case, an Alaska case that asks whether a criminal defendant who claims that he has been wrongfully convicted has a constitutional right to postconviction DNA testing of biological evidence.  The transcript of the oral argument is available here, and a news story that … Read more

Self-Defense

I posted yesterday about one of the recent Court of Appeals decisions.  At the risk of going back to the well, I want to highlight another of those cases today.  (I’ve got something else in mind for tomorrow.) In State v. Revels, available here, the defendant was convicted of second-degree murder.  She appealed, claiming that … Read more

Careful Questioning in Child Sexual Abuse Cases

Further Update: The court has reissued an opinion in this case. On the issue discussed below, it is very similar — at a minimum — to the original opinion. Update: As of April 1, 2009, the Court of Appeals has withdrawn this opinion.  I’ll post again when the new opinion comes out. The Court of … Read more