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August 19, 2013
In a bulletin here I wrote about NC’s procedure for post-conviction motions for appropriate relief (MARs). Among other things, that bulletin explains the types of claims that can be raised […]
READ POST "NC Court Takes a Restrictive View of “Significant Change in the Law” MARs (August 19, 2013)"August 14, 2013
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post […]
READ POST "Changes in Federal Drug Prosecutions — Spillover in State Court? (August 14, 2013)"August 7, 2013
Maybe so, according to a recent Reuters report. Apparently, the Special Operations Division of the DEA receives information from the NSA and passes it to DEA field agents. The agents […]
READ POST "Is the DEA Using NSA Warrantless Surveillance Data in Domestic Drug Investigations? (August 7, 2013)"August 1, 2013
I wrote here about how law enforcement officers may obtain historical information about the location of a suspect’s cellular phone. There have been several developments in the law since then, […]
READ POST "Warrantless Cell Phone Tracking: The Fifth Circuit Weighs In (August 1, 2013)"July 30, 2013
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 […]
READ POST "No More Appeals for Infractions? (July 30, 2013)"July 23, 2013
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 […]
READ POST "Misdemeanor Reclassification, the Right to Counsel, and the Budget (July 23, 2013)"July 16, 2013
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? […]
READ POST "No Appeal of Confinement in Response to Violation (July 16, 2013)"July 10, 2013
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 […]
READ POST "The NC Supreme Court’s Recent Substitute Analyst Cases (July 10, 2013)"July 2, 2013
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” […]
READ POST "Court of Appeals Upholds Validity of Ex Parte DVPOs (July 2, 2013)"June 24, 2013
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 […]
READ POST "Obtaining a Search Warrant after Charges Have Been Brought (June 24, 2013)"