Bail Reform in North Carolina—Pilot Project: Early Involvement of Counsel
In prior blog posts I outlined some of the reasons why stakeholders are interested in bail reform and some of the options that are being considered. In this one, I […]
February 25, 2019
What Last Week’s Supreme Court Opinion May Tell Us about the Current Court
Last week, the Supreme Court issued a per curiam opinion summarily reversing the Texas Court of Criminal appeals and finding that a death row inmate has an intellectual disability. The […]
February 19, 2019
The Dr. Jeffrey MacDonald Habeas Case and Actual Innocence
Back in December, the Fourth Circuit ruled on a habeas petition of Dr. Jeffrey MacDonald, denying relief. The case has been winding its way through federal courts for more than […]
February 14, 2019
Bail Reform in North Carolina—Why the Interest?
Bail reform is a hot topic in North Carolina. It was recommended by Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice (report here) and […]
February 12, 2019
It’s Tax Season… For Drugs
I spent a few years working on drug cases when I was a prosecutor, so I was generally aware that North Carolina has a set of laws that impose taxes […]
February 11, 2019
New Bill Proposes GPS Tracking of Domestic Violence Offenders
A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open […]
January 31, 2019
U.S. Supreme Court Grants Review on Issue of Implied Consent
The United States Supreme Court granted certiorari a few weeks ago to consider whether a state statute authorizing the withdrawal of blood from an unconscious driver suspected of impaired driving […]
January 17, 2019
May a Presentment and Indictment be Issued the Same Day?
A few short years ago, a criminal law practitioner could be forgiven for not knowing what a presentment was—much less how it might properly be utilized. Presentments rarely preceded indictments […]
January 14, 2019
North Carolina Sticks with the Rule that Omitting an Element in an Indictment Deprives the Court of Jurisdiction – at Least for Now
Shortly before Christmas, the state supreme court decided a littering case captioned State v. Rankin, __ N.C. __, __ S.E.2d __, 2018 WL 6714931 (Dec. 21, 2018). The majority ruled […]
January 10, 2019
The Duties and Discretionary Power of District Attorneys
Jonathan wrote last month about reform-minded sheriffs in North Carolina and the actions they can and cannot take with respect to enforcement of federal immigration laws. Reform-minded prosecutors also have […]
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