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 […]
May 26, 2015
Reducing Charges in Juvenile Court
Many juvenile cases are resolved through admissions (known as guilty pleas in criminal court), often with the prosecutor’s agreement to reduce the charge. Sometimes, the reduced charge is a lesser-included […]
May 21, 2015
When the Trial Court Has the Last Word
Litigants sometimes are surprised by circumstances in which a trial court’s ruling in a case is not capable of review on appeal. The court of appeals recognized one such situation […]
May 20, 2015
Disposing of a Defendant’s Guns after a Felony Conviction
On Monday, the United States Supreme Court unanimously decided a case about the disposition of a defendant’s guns after the defendant has been convicted of a felony. The case is […]
May 18, 2015
State Supreme Court on State’s Ability to Obtain Review of MAR Rulings
Last month, the Supreme Court of North Carolina decided State v. Stubbs, an important case regarding appellate review of orders granting motions for appropriate relief.
May 12, 2015
Non-Unanimous Verdicts in Criminal Cases?
A Wake County jury determined yesterday that Starbucks is not liable for injuries suffered by Raleigh Police Department Lieutenant Matthew Kohr when a cup of hot coffee spilled on his […]
May 7, 2015
Important New Opinion on Cell Phone Tracking
On Tuesday, the Eleventh Circuit ruled, en banc, that law enforcement may obtain historical cell site location information without a search warrant, using a court order based on less than […]
April 29, 2015
Do Implied Consent Procedures Apply to the Withdrawal of Blood Pursuant to a Search Warrant?
In most DWI cases, the State obtains evidence of a defendant’s alcohol concentration from a breath-testing machine. In order for the results of such a breath test to be admissible […]
April 27, 2015
Can the Person Protected by a DVPO Be Charged with Violating the Order?
Here’s a question I get occasionally: What language should I use to charge aiding and abetting a violation of a domestic violence protective order (DVPO)? Here’s a similar one: If […]
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