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.) […]
October 29, 2012
Tight New Timelines for Motions for Appropriate Relief
In 2012, the N.C. General Assembly enacted new case processing rules for motions for appropriate relief. See S.L. 2012-168. The new rules put the judges on a pretty tight leash […]
October 3, 2012
The Court of Appeals Finds Another Fatal Defect in a Sex Offender Indictment
A couple of months ago, I blogged about State v. Herman, __ N.C. App. __ (2012), a case in which the court of appeals found a fatal defect in an […]
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