Go Ahead, Test Me
Most people stopped on suspicion of impaired driving would rather avoid the trip to the police station. Some suspects attempt to dispel officers’ suspicions by answering questions about whether they have been […]
December 10, 2014
New Ethics Opinion on Incarcerated Defendants’ Right to Review Discovery
Many criminal defense lawyers are reluctant to give incarcerated clients copies of discovery materials. Lawyers may worry that the materials will be stolen by other inmates, who will then use […]
December 3, 2014
Handling Jury Trial Waivers
As of December 1, 2014, North Carolina criminal defendants may waive their right to a jury trial in superior court and instead opt for a bench trial. This is because […]
November 25, 2014
Ferguson and the Prosecutor’s Approach to the Grand Jury
Yesterday, the grand jury in St. Louis County, Missouri , declined to indict officer Darren Wilson in connection with the fatal shooting of Michael Brown. Some commentators have criticized the […]
November 12, 2014
Veterans Treatment Court
The blog was dormant yesterday in honor of Veterans Day. Belated thanks to those who have served. [Editor’s note: Including Jamie, who was a captain in the Air Force before […]
October 29, 2014
Same Sex Marriage and Domestic Violence
Same sex marriage has been permitted in North Carolina for a couple of weeks. Shea blogged here about one potential criminal law implication: the possibility, discussed in a memorandum from […]
October 27, 2014
Ebola, Quarantines, and Criminal Law
Ebola’s been in the news lately, with several infected individuals on American soil. New York and New Jersey have begun to quarantine individuals arriving from West Africa who have had […]
October 16, 2014
Goin’ to the Courthouse and We’re Gonna Get Married
The impediments to same-sex marriage in North Carolina have fallen like dominos over the past ten days. On Monday, October 6, the United States Supreme Court denied certiorari review in […]
October 8, 2014
Counsel’s Unconsented-To Admission is Reversible Error, Except When It’s Not
In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per […]
October 2, 2014
Defendant’s Right to Third Party Confidential Records
Suppose Defendant is charged with sex offense against a child. He knows that DSS previously investigated similar allegations made by the child against other people and heard that DSS found […]
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