Criminal Law Blog — Vacation Edition

I’m on vacation this week, so my blogging will be a little lighter fare than usual. Today, I thought I’d call attention to this article in the FBI Law Enforcement Bulletin. It is an excellent explanation of Maryland v. Shatzer, the Miranda decision about which I blogged here. I am still getting quite a few … Read more

News Roundup

The Supreme Court has been the subject of most of the interesting news over the past week or so. 1. The Court just finished the Term that began in October 2009. It’s now on hiatus until the fall. A short and worthwhile recap of the Term appears here, on SCOTUSblog. It challenges some commonly-held beliefs … Read more

McDonald’s Impact in North Carolina

The Supreme Court just finished the Term that began in October 2009, and it went out with a bang. On Monday, it announced what was perhaps the most-anticipated opinion of the year, McDonald v. City of Chicago. The genesis for McDonald was District of Columbia v. Heller, 554 U.S. __ (2008), the case in which … Read more

Knock and Announce

The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn’t just the defendant’s nickname, “DJ Nelly Nell.” The relevant facts are as follows. The defendant was indicted on “various drug and weapons charges,” and a warrant for his arrest was issued. Officers staked out his … Read more

Thoughts about Ward

As I mentioned in a recent news roundup, earlier this month the Supreme Court of North Carolina decided State v. Ward. The basic holding of the case is that the visual identification of controlled substances is not reliable enough to be admitted in criminal trials, and that a chemical analysis of such substances is normally … Read more

News Roundup

What an interesting week! The sports world was fascinating, between a dramatic World Cup win for the United States, a Raleigh native being picked first in the NBA draft, and a Greensboro native winning the longest tennis match ever played. But the legal world was pretty interesting, too: 1. The United States Supreme Court decided … Read more

New Publication on Motions for Appropriate Relief

Jessie Smith has just published a new Administration of Justice Bulletin, entitled Motions for Appropriate Relief. It’s available as a free download here. The focus is on procedural issues rather than the substantive law governing the various claims that can be asserted in an MAR, but as to questions of procedure, it is comprehensive, careful, … Read more

You Don’t Know What You Have Until It’s Seized

“You don’t know what you have until it’s gone” is classic relationship advice. But is “I didn’t know what I had until it was seized” a classic defense to drug charges? Consider the facts of State v. Hall. An officer stopped the defendant’s car for a traffic violation. The traffic stop led to a search … Read more

Parents’ Consent to Search Childrens’ Rooms

It was Father’s Day this Sunday, so it’s a good time for a post about family relationships. As a jumping off point, I’ll use a case that was recently highlighted in one of the clipping services to which I subscribe. The case is State v. Hubert, __ S.W.2d __, 2010 WL 2077166 (Tex. Ct. Crim. … Read more

Restrictions on Computer or Internet Use as Part of a Sentence

Jamie recently blogged here about ad hoc conditions of probation, i.e., conditions other than the statutory ones. Because I’m interested in criminal law and technology, I wanted to add a follow-up post about restrictions on computer or internet use as part of a criminal sentence. It’s a timely topic, both because of Jamie’s post and … Read more