Re-examining Implied Consent after McNeely, Part III
The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]
November 6, 2013
Re-examining Implied Consent After McNeely, Part II
Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]
November 5, 2013
Re-examining Implied Consent After McNeely, Part I
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
November 4, 2013
Character Evidence Made Simple
I field a lot of calls from prosecutors, defenders, and judges about evidence issues. Character evidence is one area that accounts for a lot of those calls. And no wonder. […]
October 23, 2013
Can I Get Some Relief Here?
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). […]
October 22, 2013
Testimony about Tracking
More and more criminal cases involve electronic tracking. Sometimes the defendant is tracked using GPS, other times using cell site location information. Either way, interesting evidentiary questions arise. May an […]
October 21, 2013
Impeachment with Evidence of Bias
I previously posted (here) about impeaching a witness with a prior inconsistent statement. In this blog post I’ll address impeaching with evidence of bias. As our blog readers know, a […]
October 2, 2013
A Hump Day Pop Quiz
DWI law scholars, answer the following question. Are the results of all breath tests that were administered to the defendant admissible in an implied consent case? Yes, if the results […]
September 18, 2013
Imposing Fees for Forensic Expert Testimony — Is It Constitutional?
Tucked into the 2013 North Carolina budget bill is a provision imposing new court costs for expert witnesses who testify about chemical or forensic analyses at trial. Specifically, the new […]
September 12, 2013
What Are Permissible Discovery Sanctions Against the Defendant?
In State v. Cooper, issued last week, the Court of Appeals reversed the defendant’s conviction for first-degree murder of his wife and ordered a new trial. The case has drawn […]
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