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 […]
October 2, 2012
Deeper Thoughts on the Constitutionality of Quick Dips
Under the Justice Reinvestment Act, a probation officer may, through delegated authority, impose a short period of jail confinement in response to a violation of a court-imposed probation condition. The […]
September 27, 2012
Rights Upon Arrest
An Egyptian-American activist/columnist/media personality named Mona Eltahawy was recently arrested in New York while defacing a pro-Israel subway advertisement. The entire incident was captured on video and can be seen […]
September 24, 2012
Jury Review of Evidence
In the recent Court of Appeals case, State v. Mason, the trial court erred by sending exhibits to the jury deliberation room over defense counsel’s objection. Although the State got […]
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