Jury View (January 10, 2013)
Jessica Smith
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 […]
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January 10, 2013
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 […]
READ POST "Jury View (January 10, 2013)"January 9, 2013
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 […]
READ POST "The Supreme Court on Competency and Collateral Review (January 9, 2013)"November 28, 2012
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. […]
READ POST "Cyberstalking and the 48 Hour Rule (November 28, 2012)"November 14, 2012
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 […]
READ POST "Forfeiture of Counsel and “Gray Area” Defendants (November 14, 2012)"November 1, 2012
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 […]
READ POST "Waiving Court Costs (November 1, 2012)"October 31, 2012
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.) […]
READ POST "Court Costs and Traffic Citations (October 31, 2012)"October 29, 2012
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 […]
READ POST "Tight New Timelines for Motions for Appropriate Relief (October 29, 2012)"October 3, 2012
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 […]
READ POST "The Court of Appeals Finds Another Fatal Defect in a Sex Offender Indictment (October 3, 2012)"October 2, 2012
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 […]
READ POST "Deeper Thoughts on the Constitutionality of Quick Dips (October 2, 2012)"September 27, 2012
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 […]
READ POST "Rights Upon Arrest (September 27, 2012)"