Does a Stipulation to Lab Results Waive Confrontation Rights?
Defendants can lose confrontation rights a number of ways. Under the various notice and demand statutes, failure to object and demand the presence of the witness in a timely manner […]
July 11, 2018
May a Defendant Appeal an Infraction to Superior Court?
Suppose a defendant is found responsible in district court for one of the many infractions codified in Chapter 20. Take your pick: speeding, a seat belt violation, jaywalking, improper passing, or […]
July 10, 2018
Who Goes Last?
In my previous post, I wrote about who goes first when presenting evidence at a suppression hearing or trial, and the circumstances under which the normal order of presentation could […]
July 9, 2018
Easy Come, Easy Go: Legislature Removes Affidavit Requirement for Citizen-Initiated Criminal Process
About a year ago, I wrote this post, discussing what was then a new provision in G.S. 15A-304(b): “[A]n official shall only find probable cause based solely on information provided […]
June 26, 2018
Does McCoy v. Louisiana Matter in North Carolina?
In McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018), the US Supreme Court held that a defendant’s Sixth Amendment counsel right was violated when trial counsel admitted […]
June 19, 2018
Structural Errors
Often, when the defendant complains on appeal of a constitutional violation at trial, there must be some showing of prejudice in order for the defendant to obtain relief. Even if […]
June 18, 2018
Questioning Oneself: Direct Examination of a Self-Represented Defendant
I was reading a WRAL article about the District Attorney wife-hiring trial taking place in Raleigh when the following passage caught my attention: “Superior Court Judge Paul Ridgeway said that, […]
June 12, 2018
Who Goes First?
The defense files a motion to suppress evidence in superior court, and the judge sets the matter for a hearing. The parties and their witnesses show up, ready to give […]
June 6, 2018
Does a No Contact Order Apply While the Defendant Is in Jail?
When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once […]
May 16, 2018
State v. Courtney: Retrying the Defendant after Charges Have Been Dismissed
James Courtney was charged with first degree murder in 2009 for shooting and killing James Deberry outside Deberry’s Raleigh apartment. Courtney was tried on those charges in December 2010. The […]
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