No More Appeals for Infractions?
S 182 is on the Governor’s desk. It is entitled in part “An Act to Eliminate Appeals for Infractions.” The bill also does some other things, but the focus of […]
July 23, 2013
Misdemeanor Reclassification, the Right to Counsel, and the Budget
The legislature has agreed on a budget, and it contains some provisions that will impact misdemeanor sentencing and the appointment of counsel — potentially in tens of thousands of cases […]
July 16, 2013
No Appeal of Confinement in Response to Violation
There are frequently asked questions, and then there are very frequently asked questions. Regarding Justice Reinvestment, there has been no more frequently asked question than this: Can you appeal a CRV? […]
July 10, 2013
The NC Supreme Court’s Recent Substitute Analyst Cases
If you’re on my listserv, you know that the NC Supreme Court recently issued several confrontation clause decisions, all dealing with substitute analysts (if you’re not on my listserv, you […]
July 2, 2013
Court of Appeals Upholds Validity of Ex Parte DVPOs
Background. In State v. Byrd, 363 N.C. 214 (2009), the state supreme court concluded that an ex parte domestic violence protective order, or DVPO, was not a “valid protective order” […]
June 24, 2013
Obtaining a Search Warrant after Charges Have Been Brought
Most search warrants are obtained before anyone has been charged with a crime. But sometimes officers will charge a defendant and then decide to obtain a search warrant to seek […]
June 20, 2013
Special Rules for the Admission of Hospital Medical Records
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in […]
June 13, 2013
Jury Instructions for DWI
Forget all your legal training. Pretend you are a juror in a DWI case. Facts. The following facts were established at trial: The defendant was stopped at a checkpoint. The […]
June 12, 2013
Advising a Defendant of the Maximum Possible Sentence During a Habitual Felon Plea
When a defendant pleads guilty, the judge is required to “inform[] him of the maximum possible sentence” associated with his offense. G.S. 15A-1022(a)(6). When a defendant pleads guilty to being […]
June 10, 2013
Beyond Legislative Solutions to Melendez-Diaz
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
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