News Roundup

In a previous news roundup, I posted an item about how to write like Chief Justice Roberts. But sometimes a negative example can be as useful as a positive one. In that connection, check out this petition for rehearing filed in the Ninth Circuit. Referring to the panel as a bunch of “slime ball, piece … Read more

Cultural Differences and Child Abuse

One of the clipping services to which I subscribe recently highlighted People v. Assad, __ Cal.Rptr.3d __, 2010 WL 4035491 (Cal. Ct. App. 3 Dist. Oct. 15, 2010). The defendant in Assad was a Syrian man. He tied his twelve-year-old son to his bed and beat him repeatedly and severely with a hose and wooden … Read more

Showups Aren’t Lineups

When I first came to the School of Government, I picked a few small areas of law in which I hoped to develop some expertise. One of those areas was the then-new Eyewitness Identification Reform Act. It was enacted in 2007, effective for crimes committed on or after March 1, 2008. S.L. 2007-421. It’s codified … Read more

News Roundup

It was an absolutely fascinating news week. Among the noteworthy stories: 1. In Graham v. Florida, discussed here, the United States Supreme Court held that it is cruel and unusual punishment to sentence a juvenile to life without parole for a non-homicide offense. Several recent cases ask whether Graham marks the outer limit of the … Read more

News Roundup

My favorite story this week is this report about a proposed ordinance in East Laurinburg. The ordinance “would charge people with indecent exposure if the top of their pants or skirt hangs 3 inches or more below the waistline.” Folks on both sides seems to have put some thought into one-liners about the ordinance, with the … Read more

Guilt of a Codefendant

I’ve had a couple of questions about the same topic recently, so I thought I’d do a quick blog post about it. Our appellate courts have made clear that normally, “it is improper to make reference to the disposition of charges against a codefendant.” State v. Campbell, 296 N.C. 394 (1979). See also State v. … Read more

Obstruction of Justice

As the current edition of North Carolina Crimes explains, “[o]bstructing justice consists of any act that prevents, obstructs, impedes, or hinders public or legal justice, and it may take many forms.” Jessica Smith, North Carolina Crimes 451 (6th ed. 2007). The breadth of this common-law offense was recently highlighted by the court of appeals in … Read more

News Roundup

I’ve been at the beach the past couple of days, teaching at conferences. (It’s a tough job, but someone has to do it.) One of the talks I gave was about GPS tracking, so this story about a man who discovered a tracking device on his car and the FBI’s subsequent efforts to retrieve the … Read more