Latest posts in category Evidence on North Carolina Criminal Law Blog

An interesting thing happened to me recently at a cocktail party. Before you get too excited let me say that this is a PG blog post! And it’s about the […]

In yesterday’s post I set out the basics of the Bruton rule. Put simply, Bruton v. United States, 391 U.S. 123 (1968), held that a defendant’s confrontation clause rights are […]

Although recent confrontation clause litigation has focused on the new Crawford rule, the Bruton rule continues to create issues in joint trials of codefendants. In this post I’ll give you […]

In State v. King, the N.C. Supreme Court recently clarified the rules regarding the admissibility of repressed memory evidence. In King the defendant was charged with sexually assaulting his daughter, […]

The Fourth Circuit recently decided United States v. Sowards, an interesting case about a traffic stop. The case arose when an experienced traffic enforcement officer stopped the defendant on I-77 […]

In State v. Huerta, the court of appeals recently reaffirmed its controlled substance “combination decisions.” Here’s what happened. Huerta was convicted of, among other things, trafficking by possession of more […]

As I explain in more detail here, notice and demand statutes allow the State to obtain a constitutional waiver of confrontation rights so that forensic lab reports and related items […]

The U.S. Supreme Court’s new Crawford confrontation clause rule has had significant impact in child victim prosecutions, largely because of problems with getting children to testify. One frequent Crawford question […]

Although the U.S. Supreme Court’s opinion in Michigan v. Bryant may have signaled a loosening of that Court’s interpretation of the key term “testimonial” as used in the Crawford confrontation […]

The jury in the John Edwards case is still deliberating. Although I haven’t followed the case closely, I found very interesting one evidentiary ruling that took place during the trial. […]