Supreme Court Upholds Taking DNA Upon Arrest
Jeff Welty
Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the […]
June 4, 2013
Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the […]
Read post "Supreme Court Upholds Taking DNA Upon Arrest"June 3, 2013
As state crime lab backlogs increase, it takes longer and longer for blood drawn in connection with impaired driving cases to be tested. In some of these cases, the State […]
Read post "Avoiding Ignition Interlock by Pleading Guilty"May 30, 2013
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 […]
Read post "Trial De Novo"May 29, 2013
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 […]
Read post "Police Use of New Recording Technologies"May 1, 2013
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 […]
Read post "Contempt and Cellphones"April 22, 2013
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, […]
Read post "Interrogating Tsarnaev"April 15, 2013
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 […]
Read post "When Charging Murder, Is the Offense Date the Date of the Attack, or the Date of the Victim’s Death?"April 10, 2013
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 […]
Read post "N.C. Court of Appeals OKs Remote Two-Way Testimony for Ill Witnesses"April 3, 2013
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 […]
Read post "Fourth Circuit Declines to Take a Restrictive View of Forfeiture by Wrongdoing"March 27, 2013
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 […]
Read post "Claims That Survive an Unconditional Guilty Plea"