News Roundup
Jeff Welty
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]
August 11, 2009
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]
Read post "News Roundup"August 10, 2009
I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without […]
Read post "You Can’t Tell Just from the Smell"August 5, 2009
Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]
Read post "Double Punishment but No Double Jeopardy"July 30, 2009
Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more […]
Read post "Legislative “Fix” for State v. Byrd"July 28, 2009
I am reluctant to dip my toes into the waters of controversy swirling around the arrest of Harvard Professor Henry Louis Gates, but it provides a useful framework for discussing […]
Read post "The Gates Case and North Carolina Law"July 24, 2009
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
Read post "What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz"July 17, 2009
I thought that I might blog today about the Sotomayor confirmation hearings, but they’ve been thoroughly dull. The only piece I’ve seen that makes them seem even a little bit […]
Read post "State v. Byrd and Violations of DVPOs"July 14, 2009
From time to time, a judge, prosecutor, or defense attorney will call the School of Government asking about the law of sexual assualts in, say, 1968. Typically, the caller will […]
Read post "New Publication Regarding Sexual Assault Cases"July 10, 2009
[Update: the state supreme court reviewed this case, reversing in part, as described here.] The court of appeals published its opinion in State v. Davis this week, a case in […]
Read post "State v. Davis and Double Jeopardy v. Statutory Construction"June 16, 2009
Editor’s note: Several readers have reported technical difficulties with the blog. I’m trying to solve the problem, but in the meantime, (1) it seems to be limited to users of […]
Read post "State v. Byrd and Violations of DVPOs"