Can the State Obtain Appellate Review of a Judge’s Order Granting a Defendant’s MAR?

I’ve been asked a couple of times recently whether the state can obtain appellate review of a judge’s order granting a defendant’s motion for appropriate relief, or MAR. The questions have come up in the context of superior court proceedings, so that’s what this post will address. The answer might be different for district court … Read more

News Roundup

The most prominent legal story this week has nothing to do with criminal law. The Supreme Court spent three days hearing oral argument on the constitutionality of President Obama’s health care reform law. Two things unrelated to the merits of the case intrigue me. First, lots of pundits think that at least a portion of … Read more

Two Thoughts about the Trayvon Martin/George Zimmerman Case

George Zimmerman, a neighborhood watch volunteer in Sanford, Florida, recently shot and killed Trayvon Martin, an unarmed black 17-year-old who was walking through Zimmerman’s neighborhood. Martin was returning from a convenience store to the home of his father’s fiancee. The shooting has been in the news so much, and has stirred such strong emotions, that … Read more

Ineffective Assistance and Plea Bargaining

The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in the media. Locally, they were featured on front page of the News and Observer. Nationally, they’ve been the talk of the New York Times and … Read more

News Roundup

The biggest legal news of the week may be the Supreme Court’s recognition of a right to the effective assistance of counsel during plea bargaining in Lafler v. Cooper and Missouri v. Frye. I previewed Lafler here, and plan to do a detailed analysis of the cases next week. For now, suffice it to say … Read more

News Roundup

There must be some sort of planetary alignment taking place today: Duke, UNC, and NC State all play in the NCAA men’s basketball tournament, the new iPad goes on sale, and best of all, it is time for another news roundup. 1. This week’s headlines center on Forsyth County, because the state supreme court just … Read more

Scope of Consent to Search a Vehicle

Yesterday, I wrote about a pair of recent cases about weaving within a lane of travel. Today, I want to mention another pair of recent cases related to automobiles. Last month, the court of appeals decided, on the same day, two cases that address the scope of a suspect’s consent to search a vehicle. In … Read more

Weaving and Reasonable Suspicion

Two recent cases from the court of appeals have added to our state’s weaving jurisprudence. One of them is a pretty big deal, as I’ll explain below. But first, the background. G.S. 20-146 requires that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from … Read more

News Roundup

The New Hanover County courthouse was closed yesterday to deal with “bedbugs . . . discovered by court personnel,” the News and Observer reports here. Yuck. In other news: 1. The General Statues posted on the General Assembly’s website are now current though January 5, 2012, so they’re essentially completely up to date. They’re certainly … Read more