Plea Bargaining: What Can and Can’t Be on the Table?
Can a prosecutor threaten more serious charges if the defendant refuses to agree to a plea bargain? Can a plea bargain include a promise by the State to be more […]
July 21, 2015
NC Court of Appeals Holds that DMV Records Are Non-Testimonial
In my 23-year career as a lawyer no case has had more impact on the criminal justice system than the U.S. Supreme Court’s decision in Crawford v. Washington. That case […]
July 20, 2015
Juvenile Code Reform Legislation (HB 879) Becomes Effective December 1, 2015
In a prior post, I wrote about SB 331, which proposed several changes to the delinquency subchapter of the Juvenile Code. That bill didn’t make it. Instead, it became HB […]
July 16, 2015
Limits on Defendants’ Courtroom Attire
Shea and I have blogged before about and lawyer attire and juror attire. I’ve even touched briefly on defendants’ attire, but none of us have ever addressed a judge’s ability […]
July 13, 2015
Is the NC Court of Appeals Lightening Up on Indictment Issues?
Indictment issues are the bane of the prosecutor’s existence. The rules about how an offense must be alleged in the indictment are highly technical. And because the rules are neither […]
July 7, 2015
What’s In a (Trade) Name?
Today, the court of appeals reversed a defendant’s drug convictions because the indictments identified the controlled substances in question using terms that are widely used to describe the drugs, but […]
July 6, 2015
U.S. Supreme Court Rules that Child’s Statements to Teachers Are Non-Testimonial
On June 18th the U.S. Supreme Court decided Ohio v. Clark, 576 U.S. __, 135 S. Ct. 2173 (2015), holding that a child abuse victim’s statements to his preschool teachers […]
June 24, 2015
The Death Penalty, Intellectual Disability, and Warrick Dunn
The United States Supreme Court just decided a capital case about intellectual disability, formerly known as mental retardation. In some ways, it’s an “error correction” case that doesn’t break new […]
June 15, 2015
Holding Jurors in Contempt for Cell Phone Use
Courts around the country have struggled to address inappropriate cell phone usage by jurors. Some judges have used their contempt powers to deal with the issue. In Oregon, a judge […]
June 8, 2015
Computer Technicians’ Duty to Report Child Pornography
Last week, I blogged about the application of the private search doctrine in child pornography cases. I noted that one recent case began when a computer repair technician contacted police […]
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- Maggie Bailey
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