Rule 403: Old Chief and Stipulations to Prior Convictions
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 […]
March 23, 2010
Relevancy: Weapons
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 […]
March 17, 2010
Relevancy: “Context,” “Circumstances,” and “Chain of Events” Evidence
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: […]
March 15, 2010
.08 at Any Relevant Time after the Driving
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 […]
March 8, 2010
Relevancy: Guilt of Another
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, […]
February 9, 2010
The Need for (Evidence of) Speed
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 […]
February 4, 2010
Victims’ Statements about Defendants’ Prior Violent Acts
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 […]
January 28, 2010
Visual Identification of Drugs Takes Another Hit
Update: On February 16, the North Carolina Court of Appeals issued an opinion in State v. Davis, in which law enforcement officers were allowed to offer lay testimony without objection […]
January 26, 2010
High Court Declines to Revisit or Modify Melendez-Diaz
On June 25, 2009, the United States Supreme Court issued its decision in Melendez-Diaz v. Massachusetts, holding that forensic laboratory reports are testimonial and thus subject to the new Crawford […]
January 14, 2010
Electronic Evidence
Regular readers know that I have a particular interest in the intersection of new technologies and criminal law. But I am not the only person at the School of Government […]
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