G.S. 90-96 Probation
I wrote previously (here) about the post–Justice Reinvestment rules for determining whether a defendant is eligible for a conditional discharge under G.S. 90-96. Those rules are complicated, but my sense […]
June 27, 2012
Miller v. Alabama
Most people were disappointed that the Supreme Court did not release the health care ruling on Monday. I, on the other hand, was excited to read Miller v. Alabama, a […]
June 26, 2012
Braswell
Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes […]
June 25, 2012
Don’t Look a Gift Horse in the Mouth
As I explain in more detail here, notice and demand statutes allow the State to obtain a constitutional waiver of confrontation rights so that forensic lab reports and related items […]
June 21, 2012
Notice of Implied Consent Rights: West Coast Edition
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a […]
June 13, 2012
4th Circuit Ruling: Child’s Statements to Social Worker Are Non-testimonial
The U.S. Supreme Court’s new Crawford confrontation clause rule has had significant impact in child victim prosecutions, largely because of problems with getting children to testify. One frequent Crawford question […]
June 7, 2012
The Beginning Date for License Revocations Following Conviction for DWI
Several recent stories in the News and Observer (here, here, here, and here) have chronicled the SBI’s investigation into orders entered in certain impaired driving cases by former Wake County […]
June 5, 2012
The Court of Appeals Finds Indictment Errors — We Offer an Updated Resource for Avoiding Them
The court of appeals issued a new batch of opinions today. They’re available in full here, and Jessie just sent summaries out to the listserv. (If you haven’t joined the […]
June 4, 2012
Overstating Possible Punishment and the (In)voluntary Nature of the Plea — Part II
In a blog post here, I wrote about overstating possible punishment and the voluntary nature of a plea. In that post, I discussed the dangers of overstating the possible maximum […]
May 31, 2012
The John Edwards Trial and Long Jury Deliberations
The John Edwards jury is back today for its ninth day of deliberations. The general feeling seems to be, “what’s taking so long?” This morning, I got to wondering whether […]
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