The Absconding Donut Hole
In 2012, a person on supervised probation for an offense that occurred before December 1, 2011 moves to another state without permission. Months later he is arrested there and brought […]
August 28, 2012
Complete Summaries of 2012 Legislation Now Available
Jeff previously posted his “cocktail party review” of significant criminal law legislation passed this year by the North Carolina General Assembly, or at least legislation people might be interested in […]
August 27, 2012
Explaining the Defendant’s Absence at Trial
About a year and a half ago I did a blog post here about trial in the defendant’s absence. The recent Court of Appeals case, State v. Anderson, suggests that […]
August 23, 2012
State v. Osterhoudt and motions procedures in implied consent cases
Jeff wrote earlier this week about the court of appeals’ opinion in State v. Osterhoudt (August 21, 2012). Jeff’s post dealt with the court’s substantive analysis of whether the police […]
August 22, 2012
Is Being Homeless a Probation Violation?
A probation violation must be willful. In this prior post I wrote about the burden-shifting process in which the State must prove to the court’s reasonable satisfaction that a violation […]
August 20, 2012
Fatal Variance — Use It or Lose It
A fatal defect in an indictment occurs when the indictment fails to allege an essential element of the crime charged. A fatal variance, by contrast, occurs when the facts brought […]
August 16, 2012
Alibi Defense Doesn’t Mean the State Can’t Amend the Offense Date
A criminal indictment must allege an offense date. G.S. 15A-924(a)(4) provides that a criminal pleading must contain “[a] statement or cross reference in each count indicating that the offense charged […]
August 7, 2012
Crawford’s Implications on the Bruton Rule
In yesterday’s post I set out the basics of the Bruton rule. Put simply, Bruton v. United States, 391 U.S. 123 (1968), held that a defendant’s confrontation clause rights are […]
August 6, 2012
The Bruton Rule: A Primer
Although recent confrontation clause litigation has focused on the new Crawford rule, the Bruton rule continues to create issues in joint trials of codefendants. In this post I’ll give you […]
July 31, 2012
Pro Se Defendants and Ineffective Assistance of “Counsel”
Can a defendant who chooses to represent himself subsequently argue that he received ineffective assistance of “counsel”? No, as illustrated by the recent case of State v. Brunson, __ N.C. […]
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