Articles in the Evidence category - Page 25 of 30

I’ve had a couple of questions about the same topic recently, so I thought I’d do a quick blog post about it. Our appellate courts have made clear that normally, […]

It is hornbook law that “[a] confidential communication between husband and wife is privileged and neither spouse may be compelled to disclose it when testifying as a witness.” 1 Kenneth […]

This week, the court of appeals decided State v. Forte, a case in which the defendant was convicted of exploitation of an elder adult in violation of G.S. 14-112.2 and […]

Earlier posts (here, here, and here) discuss the statutory and constitutional requirements for obtaining a sample of a defendant’s blood for analysis in an implied-consent case.  This post likewise addresses […]

Because our appellate courts often find the Fourth Circuit’s opinions to be persuasive authority, I read all the Fourth Circuit’s published criminal cases. Yesterday, the court decided United States v. […]

Along with the published cases released by the N.C. Court of Appeals on August 3, 2010, was an unpublished case of note. In State v. Davis, __ N.C. App. __ […]

Since the U.S. Supreme Court’s decision in Crawford v. Washington, interest has been growing in the use of two-way video testimony as a method to satisfy the confrontation clause when […]

Previously, Jeff and I posted about the post-Melendez-Diaz decisions by the N.C. Court of Appeals in the Brennan and Brewington substitute analyst cases (those posts are available here, here, and […]

Suppose that David Defendant is charged with driving while impaired based upon an incident on in which he drove his car off the road and crashed into a tree.  The […]

As I mentioned in a recent news roundup, earlier this month the Supreme Court of North Carolina decided State v. Ward. The basic holding of the case is that the […]