Bullcoming and Substitute Analysts
On June 23rd, the U.S. Supreme Court decided Bullcoming v. New Mexico. As anticipated, the case turned out to be a straightforward application of Melendez-Diaz v. Massachusetts, 557 U.S. __, […]
May 23, 2011
Admissibility of Electronic Writings: Emails, Text Messages, and Social Networking Posts
It is conference season again at the School of Government, which means that we are doing a lot of presentations for a lot of different groups in the court system. […]
May 19, 2011
Proving the Per Se Prong of Impaired Driving without a Chemical Analysis
The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]
May 5, 2011
State v. Woodard: No Chemical Analysis Required Where Pharmacist Identifies Drugs
The North Carolina Supreme Court held in State v. Ward, 364 N.C. 133 (2010) (discussed here), that the trial court abused its discretion by permitting an expert chemist to identify […]
March 24, 2011
Michigan v. Bryant, Part III
In my first two posts, I explored the Bryant opinions. Today I’ll discuss what the case means for confrontation clause analysis going forward. 1. Although Crawford is intact, the Court […]
March 22, 2011
Michigan v. Bryant, Part I
On February 28, 2011, the United States Supreme Court decided Michigan v. Bryant, its latest Crawford case. In an opinion written by Justice Sotomayor, the Court held that a homicide […]
March 17, 2011
Confrontation at Probation Violation Hearings
Under G.S. 15A-1345(e), a probationer is entitled at a probation violation hearing to “confront and cross-examine adverse witnesses unless the court finds good cause for not allowing confrontation.” What does […]
March 15, 2011
Authentication and Hearsay Issues with Phone Records
Suppose that the state wants to introduce the defendant’s phone records, in order to show that he called the victim in violation of a DVPO. The state subpoenas the records, […]
March 14, 2011
Retrograde Extrapolation Alive and Well
I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree […]
March 3, 2011
Where Are We with Drug ID?
Jeff wrote last June about the North Carolina Supreme Court’s opinion in State v. Ward, which held that the trial court abused its discretion by permitting an expert chemist to […]
Subscribe
Categories
Blog Authors
- Maggie Bailey (3)
- Brittany Bromell (86)
- Emily Coward (8)
- Alexander Cowell (3)
- Melanie Crenshaw (2)
- Michael Crowell (7)
- Shea Denning (636)
- Sara DePasquale (9)
- Phil Dixon (198)
- James Drennan (1)
- Belal Elrahal (30)
- Whitney Fairbanks (1)
- Bob Farb (46)
- Rebecca Fisher-Gabbard (2)
- Jacquelyn Greene (78)
- Alyson Grine (16)
- Timothy Heinle (7)
- Jonathan Holbrook (56)
- Joseph L. Hyde (52)
- Kirsten Leloudis (1)
- Caitlin Little (1)
- Ian Mance (3)
- Jamie Markham (557)
- Chris McLaughlin (1)
- Kristi Nickodem (4)
- Alex Phipps (86)
- M. Jeanette Pitts (2)
- LaToya Powell (7)
- Ethan Rex (3)
- John Rubin (96)
- Jessica Smith (253)
- Meredith Smith (5)
- Daniel Spiegel (41)
- Tom Thornburg (6)
- Hannah Turner (11)
- Christopher Tyner (262)
- Jeff Welty (1203)