The Sexual Assault Exception to the “Bare Fact” Rule
Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of […]
February 17, 2011
Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of […]
February 8, 2011
Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy […]
February 7, 2011
I’m preparing to teach a session during which I’ll cover the use of Rule 404(b) evidence in sexual assault cases. (As most readers of this blog know, Rule 404(b) evidence […]
December 6, 2010
I wrote here about the court of appeals’ recent ruling in State v. Davis that expert testimony calculating the defendant’s alcohol concentration based on odor alone was improperly admitted at […]
December 1, 2010
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]
November 23, 2010
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with […]
November 22, 2010
The Court of Appeals decided State v. Davis, 208 N.C. App. 26 (2010), last week, granting the defendant a new trial on second-degree murder, impaired driving and other charges arising […]
November 8, 2010
In at least five prior posts on this blog (here, here, here, here, and here) I have written about the use of substitute analysts after Crawford and Melendez-Diaz. The basic […]
October 28, 2010
One of the clipping services to which I subscribe recently highlighted People v. Assad, __ Cal.Rptr.3d __, 2010 WL 4035491 (Cal. Ct. App. 3 Dist. Oct. 15, 2010). The defendant […]
October 26, 2010
When I first came to the School of Government, I picked a few small areas of law in which I hoped to develop some expertise. One of those areas was […]