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 […]
September 18, 2014
You Get What You Get and You Don’t Throw a Fit
My daughter is awfully fond of this expression (when applied to one of her brothers, of course). Turns out it also is apropos for this week’s court of appeals decision […]
September 15, 2014
Evidence and Arguments about Prison Life in Capital Cases
During the second phase of a capital trial, the jury must decide whether to sentence the defendant to death or to life in prison. The jury’s perception of prison life […]
September 9, 2014
Court of Appeals Allows Sweepstakes Preliminary Injunction to Stand
On Friday, a panel of the court of appeals decided an interesting electronic sweepstakes case. The case is Sandhill Amusements, Inc. v. Sheriff of Onslow Co. It generally upheld a preliminary […]
September 2, 2014
Three-Judge Panels for Constitutional Challenges
I’ve been asked several times about the new requirement that facial challenges to the constitutionality of state statutes be heard by a three-judge panel in Wake County. Does the requirement […]
August 25, 2014
Stealth Constitutional Amendment Could Bring Big Changes
This fall, North Carolina voters will decide whether to amend the state constitution. The proposed amendment would allow, for the first time, bench trials for felonies in superior court. Neither […]
August 19, 2014
Court of Appeals in State v. Townsend Beefs Up Prejudice Required for Relief under Knoll
[Author’s note: State v. Townsend was withdrawn and replaced by a subsequent opinion, available here. The portion of the opinion discussed below was unchanged by the subsequent opinion.] No one gets […]
August 11, 2014
Entrapment
A national, empirical study of defenses found that the defense of entrapment arose in just 0.08% of cases, usually “to little avail.” Stephen G. Valdes, Frequency and Success: An Empirical […]
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