NC Court of Appeals Holds that DMV Records Are Non-Testimonial
In my 23-year career as a lawyer no case has had more impact on the criminal justice system than the U.S. Supreme Court’s decision in Crawford v. Washington. That case […]
July 6, 2015
U.S. Supreme Court Rules that Child’s Statements to Teachers Are Non-Testimonial
On June 18th the U.S. Supreme Court decided Ohio v. Clark, 576 U.S. __, 135 S. Ct. 2173 (2015), holding that a child abuse victim’s statements to his preschool teachers […]
June 16, 2015
The DWI Year in Review, Part I
Don’t call the School of Government next week. We’ll all be out. Next week is conference-time for many of the court officials we serve, and we will be traversing the state (driving […]
June 1, 2015
404(b) Evidence: How Much Is Too Much?
The state supreme court recently reversed a death sentence and a first-degree murder conviction because the State presented “an excessive amount” of otherwise admissible Rule 404(b) evidence. How much is […]
April 29, 2015
Do Implied Consent Procedures Apply to the Withdrawal of Blood Pursuant to a Search Warrant?
In most DWI cases, the State obtains evidence of a defendant’s alcohol concentration from a breath-testing machine. In order for the results of such a breath test to be admissible […]
April 28, 2015
Book on Digital Evidence Now Available
I’m happy to announce that my book on digital evidence is now available. There are five chapters, covering (1) search warrants for digital devices, (2) warrantless searches of digital devices, (3) […]
April 20, 2015
Hair Analysis Under a Microscope
Over the weekend, the Washington Post ran a story that begins as follows: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic […]
April 7, 2015
State v. Fizovic and Searching Cars for Alcohol
Author’s Note: This post has been modified from its original version in response to a helpful comment by a reader. An officer sees a man drink from a can of […]
April 1, 2015
Georgia Supreme Court Holds that Implied Consent Is Not Actual Consent
Prosecuting impaired drivers in Georgia just got a little bit harder. The Georgia Supreme Court held last week in Williams v. State, __ S.E.2d __ (Ga. 2015) that the mere […]
March 30, 2015
Drug Dogs and Checkpoints
I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers […]
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