MS-13
Jeff Welty
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 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 […]
Read post "MS-13"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 […]
Read post "Photographs of Homicide Victims"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 […]
Read post "Proving Knowledge of a License Revocation"March 30, 2010
Some crimes, such as felon in possession of a firearm, include as an element that the defendant has a qualifying prior conviction. When this is the case, the defense may […]
Read post "Rule 403: Old Chief and Stipulations to Prior Convictions"March 23, 2010
Recently, I’ve been posting about relevancy issues that arise with some frequency in North Carolina criminal cases. A final topic in that vein is the relevancy of evidence pertaining to […]
Read post "Relevancy: Weapons"March 17, 2010
In an earlier post, I wrote about relevancy and guilt of another. In this post, I consider another relevancy issue: context, circumstances, and chain of events evidence. Consider this problem: […]
Read post "Relevancy: “Context,” “Circumstances,” and “Chain of Events” Evidence"March 15, 2010
Every state and the District of Columbia prohibits driving with an alcohol concentration of 0.08 or more though state laws vary regarding whether to establish a violation of the per […]
Read post ".08 at Any Relevant Time after the Driving"March 8, 2010
Editor’s note: Jessie has prepared a series of posts about the law of relevancy. They’ll run as an intermittent series over the next several weeks. In this and upcoming posts, […]
Read post "Relevancy: Guilt of Another"February 9, 2010
A civil case decided by the court of appeals last week, Blackwell v. Hatley, addresses when a witness may testify as to his or her opinion of how fast a […]
Read post "The Need for (Evidence of) Speed"February 4, 2010
The court of appeals just decided State v. Hernandez, which raises an important and recurrent hearsay issue. Briefly, the facts of Hernandez are as follows: the defendant traveled with his […]
Read post "Victims’ Statements about Defendants’ Prior Violent Acts"