Trial De Novo
Two cases this month from the Court of Appeals, one published and one not, offer different perspectives on the meaning of an appeal for a “trial de novo” in superior […]
May 29, 2013
Police Use of New Recording Technologies
There’s been quite a buzz lately about Google Glass, a “wearable computer” that looks like a pair of eyeglasses but that uses the lenses as transparent screens to display information […]
May 1, 2013
Contempt and Cellphones
A couple of this blog’s recent Friday News Roundups have linked offbeat stories about contempt and cellphones. In the first a Michigan judge held himself in contempt and ordered a […]
April 22, 2013
Interrogating Tsarnaev
Dzhokhar Tsarnaev has been arrested in connection with the Boston Marathon bombings. CNN reports that he “lies in a hospital with a gunshot wound to the side of his neck, […]
April 15, 2013
When Charging Murder, Is the Offense Date the Date of the Attack, or the Date of the Victim’s Death?
Suppose that Dan shoots Victor on January 1, and that Victor dies from his wounds, but not until January 3. When a magistrate issues an arrest warrant, or the grand […]
April 10, 2013
N.C. Court of Appeals OKs Remote Two-Way Testimony for Ill Witnesses
I recently published a lengthy paper here examining the constitutionality of remote testimony in criminal trials under Crawford and the confrontation clause. In that paper I noted that the North […]
April 3, 2013
Fourth Circuit Declines to Take a Restrictive View of Forfeiture by Wrongdoing
I’ve previously discussed the forfeiture by wrongdoing exception to the confrontation clause in this blog (here) and in numerous other publications (for example, here). In a nutshell, the forfeiture by […]
March 27, 2013
Claims That Survive an Unconditional Guilty Plea
A lot of defendants plead guilty. And many of those defendants later try to challenge their pleas through the post-conviction process. Not surprisingly then, I get a lot of questions […]
March 13, 2013
A Silver Lining for the Defense in Chaidez?
I previously posted here about the U.S. Supreme Court’s recent decision in Chaidez and its holding that Padilla does not apply retroactively. The Court’s ruling meant that lawful permanent resident […]
March 6, 2013
Jury Review of the Evidence: Say the Magic Words!
In a post here I discussed the procedure a trial judge should follow when a deliberating jury asks to review evidence. In that post I noted that the judge must […]
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