Pleading in the Conjunctive
Many veteran prosecutors know the rule, “plead in the conjunctive.” In other words, in an indictment or other charging document, join different theories of the crime with the word “and” […]
February 4, 2013
You’ve got to know when to hold ’em
Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses. In addition to taking into account all of the factors […]
January 29, 2013
Data Privacy Day
Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably […]
January 17, 2013
State v. Wilson: Constitutional Violations Associated with DWI Blood Draw Not a Basis for Dismissal of Charges
Kelvin Wilson’s DWI case made the front page of Lawyer’s Weekly last January. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted […]
January 10, 2013
Jury View
In a post here I discussed a view of the person. In this post I’ll address the more common issue of a jury view. A trial judge may allow a […]
January 9, 2013
The Supreme Court on Competency and Collateral Review
Yesterday, the United States Supreme Court decided an important competency case. Let’s start the discussion with a quiz. Which of the following statements is true? a. A trial may be […]
November 28, 2012
Cyberstalking and the 48 Hour Rule
G.S. 14-196.3 prohibits “cyberstalking,” which the statute generally defines to mean using electronic communications to threaten, extort, make an abusive or embarrassing false statement about, or repeatedly harass another person. […]
November 14, 2012
Forfeiture of Counsel and “Gray Area” Defendants
I’ve previously written on this blog (here) about forfeiture of counsel. As I’ve noted, waiver is different from forfeiture. A waiver of counsel involves a knowing, voluntary, and intelligent relinquishment […]
November 1, 2012
Waiving Court Costs
Following up on Jeff’s post yesterday about court costs and traffic citations, today’s post is about a trial judge’s authority to waive court costs. Under G.S. 7A-304, certain court costs […]
October 31, 2012
Court Costs and Traffic Citations
Court costs support many different programs and purposes. The principal statute concerning court costs in criminal cases is G.S. 7A-304. (Under G.S. 15A-1118, these costs also apply to infraction cases.) […]
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