United States Supreme Court Denies Certiorari in Substitute Analyst Case
As I have discussed in a number of prior posts [editor’s note: the most recent of those posts is here], the North Carolina courts have been struggling with whether the […]
June 15, 2010
As I have discussed in a number of prior posts [editor’s note: the most recent of those posts is here], the North Carolina courts have been struggling with whether the […]
June 9, 2010
Rule 702(a1) was enacted in 2006 (effective for hearings held August 21, 2006 or later) to render admissible two types of expert testimony on the issue of impairment: (1) testimony […]
May 20, 2010
In a recent post, I suggested that by establishing a good foundation, the State may be able to overcome a confrontation clause objection to its use a substitute analyst in […]
May 14, 2010
As summarized in Jeff’s recent blog post, in State v. Brennan, the North Carolina Court of Appeals applied Locklear and Mobley and held that the defendant’s confrontation clause rights were […]
May 5, 2010
OK, that’s not really the title of this new Administration of Justice Bulletin by my colleague Jessie Smith, but it could be. It’s actually called Understanding the New Confrontation Clause […]
May 4, 2010
The court of appeals released a new batch of opinions today. I may post on others eventually, but the one that jumped out at me immediately is State v. Brennan. […]
April 29, 2010
As readers of this blog know, Rule 404(b) provides that although evidence of other crimes, wrongs, or acts is not admissible to prove propensity, it may be admissible for other […]
April 28, 2010
The Fourth Circuit decided a case recently involving members of MS-13. The case involves an interesting Confrontation Clause issue regarding the use of gang experts, which I’ll mention at the […]
April 19, 2010
The State’s effort to introduce photographs of a homicide victim into evidence often is met with defense objections. One objection sometimes asserted is that the photographs are inadmissible as substantive […]
April 12, 2010
Driving while license revoked (DWLR), a Class 1 misdemeanor, is one of the most frequently charged criminal offenses in North Carolina. And, while certain elements of the offense are spelled […]