Lineups and Facial Tattoos (June 10, 2014)
Jeff Welty
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 […]
BLOG
June 10, 2014
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 […]
READ POST "Lineups and Facial Tattoos (June 10, 2014)"June 9, 2014
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. […]
READ POST "Thought You Understood Contempt? Think Again (June 9, 2014)"June 4, 2014
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. […]
READ POST "With Cert Denials, Hope Fades for Clarification on Use of Substitute Analysts (June 4, 2014)"April 24, 2014
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 […]
READ POST "Maybe Implied Consent is Real After All (April 24, 2014)"April 15, 2014
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 […]
READ POST "RJA Oral Argument (April 15, 2014)"April 7, 2014
Most folks who are involved in appellate litigation and post-conviction motions know about G.S. 15A-1335. For those who don’t, it is a N.C. statute providing that when a conviction or […]
READ POST "A 2013 Rollback of State Procedural Protections for Defendants (April 7, 2014)"April 1, 2014
Two elected district attorneys resigned mid-term yesterday: Colon Willoughby in Wake County (to move into private practice), and Jerry Wilson in Watauga and four other mountain counties (citing medical reasons). […]
READ POST "The Authority of Assistant DAs When the Elected DA Resigns (April 1, 2014)"March 27, 2014
We’re holding a seminar on professionalism and ethics for judges at the School of Government next week so I’ve got judicial canons on my mind. Below are five ethical rules […]
READ POST "Judges Can’t Sell Girl Scout Cookies . . . and Other Little-Known Ethical Rules (March 27, 2014)"March 19, 2014
Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to […]
READ POST "Double Bond (March 19, 2014)"February 25, 2014
Last year, I wrote a paper about North Carolina’s habitual felon, violent habitual felon, and habitual breaking and entering laws. Around the time the paper came out, the General Assembly […]
READ POST "Armed Habitual Felon (February 25, 2014)"