Jury Instructions for DWI (June 13, 2013)
Shea Denning
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 […]
BLOG
June 13, 2013
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 […]
READ POST "Jury Instructions for DWI (June 13, 2013)"June 12, 2013
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 […]
READ POST "Advising a Defendant of the Maximum Possible Sentence During a Habitual Felon Plea (June 12, 2013)"June 10, 2013
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 […]
READ POST "Beyond Legislative Solutions to Melendez-Diaz (June 10, 2013)"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 4, 2013)"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 (June 3, 2013)"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 30, 2013)"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 29, 2013)"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 (May 1, 2013)"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 22, 2013)"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 15, 2013)"