Latest posts in category Procedure on North Carolina Criminal Law Blog

I wrote previously (here and here) about the “donut hole” in the probation law regarding absconding. In short, due to a wrinkle in legislative effective dates, persons on probation for […]

To prove that a person drove a vehicle while under the influence of an impairing substance in violation of G.S. 20-138.1(a)(3), the State must establish that the defendant was impaired […]

Monday, the Supreme Court denied a petition for certiorari filed in Ballard v. Pennsylvania. One interesting aspect of the case is that the defendant on whose behalf the petition was […]

We’ve already covered lawyer attire on the blog. In fact, that post is one of the most popular we’ve ever had. A recent story has brought juror attire to the […]

Post bail and skip out on court in North Carolina and chances are that someone other than a law enforcement officer will come looking for you. Bail bondsmen in this […]

How should a law enforcement officer conduct a lineup when the suspect has a facial tattoo? More than one in five American adults now has a tattoo according to a […]

The murky law of contempt — particularly the distinction between civil and criminal contempt — got even more confusing last month with the Court of Appeals’ decision in Tyll v. […]

Mumford & Sons has a song called Hopeless Wanderer. When it comes to substitute analysts and the confrontation clause, that song title sums me up, and maybe you as well. […]

Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct.  1552 (2013), affects the lawfulness […]

The state supreme court heard oral argument yesterday in two cases concerning the Racial Justice Act. In the first case, Superior Court Judge Gregory Weeks struck down the death sentence […]