What to Do About Outstanding Arrest Warrants
Have you ever been involved in a case in which the defendant was convicted of a criminal charge, did his time, and then was served with an outstanding warrant even […]
December 15, 2015
Supreme Court: Not Unreasonable to Excuse Prospective Juror Who Was “Not Absolutely Certain” He Could Impose Death Penalty
The Supreme Court issued a per curiam opinion yesterday, reversing the Sixth Circuit in a capital case. The opinion doesn’t necessarily break new doctrinal ground but it is an interesting […]
November 23, 2015
Field Sobriety Testing and the Fifth Amendment
Most drivers stopped on suspicion of impaired driving are asked to submit to field sobriety tests before they are arrested. Those tests often include the three standardized tests, which researchers […]
November 19, 2015
Recent Changes to the Pretrial Release Statutes
In the 2015 legislative session, the General Assembly made two significant changes to the pretrial release statutes: (1) it effectively repealed a “bond doubling” provision for defendants rearrested while on […]
November 18, 2015
More About Those Weird DWI Motions Procedures
You represent a defendant charged with DWI. You move to suppress evidence in district court. The district court enters a preliminary determination in your favor. The State appeals. The superior […]
November 17, 2015
Is North Carolina the Only State in Which the Prosecutor Controls the Calendar?
I was on a panel about criminal case calendaring yesterday at the Courts Commission. While talking to people in preparation for the event, I kept hearing one thing: that North […]
November 4, 2015
Changes to Jury Waiver Procedures
This session, the General Assembly amended G.S. 15A-1201, which sets out the procedures for waiving a jury trial in superior court. S.L. 2015-289. This post summarizes the changes.
October 27, 2015
Eyewitness Identification Reform Act Extended to Show-Ups
Effective December 1, S.L. 2015-212 extends the Eyewitness Identification Reform Act, G.S. 15A-284.52, to cover show-ups. But the bill leaves the status of photographic show-ups in doubt and contains a […]
October 19, 2015
New Edition of Online Relief Guide
At long last I have completed the 2015 edition of my online guide to relief from a criminal conviction. This free guide, available here on the School of Government’s website, […]
October 15, 2015
Herndon v. Herndon and Pleading the Fifth
[Author’s note: The North Carolina Supreme Court in Herndon v. Herndon, 368 N.C. 826 (2016), reversed the court of appeals’ decision discussed below. The state supreme court held that the […]
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