Articles in the Procedure category - Page 50 of 77

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Trial courts may ultimately control their calendars, but there certainly is some power-sharing along the way. The constraints on a trial district court’s authority to manage the flow of litigation are […]

In State v. Friend, ___ N.C. App. ___, 724 S.E.2d 85 (2012), the Court of Appeals addressed the district court’s authority when, after the court refuses to allow a continuance, […]

Last week, a legislative committee at the General Assembly rejected a bill that would have permitted medicinal use of marijuana. The News and Observer covered the story here, and the […]

The U.S. Supreme Court recently decided Chaidez v. United States, 568 U.S. __ (Feb. 20, 2013), holding that Padilla v. Kentucky, 559 U. S. ___ (2010), isn’t retroactive. Padilla held […]