Closing the Courtroom in Sex Crime Trials
A recent decision by the court of appeals illustrates the procedural pitfalls of a common practice: closing the courtroom during the testimony of the victim of an alleged sex crime. […]
July 18, 2012
Justice Reinvestment Clarifications Become Law
Like most complicated legislation, the Justice Reinvestment Act (JRA) was less than perfectly clear as originally written. Earlier this week (July 16, 2012) the governor signed House Bill 1021, Justice […]
July 17, 2012
Authorization for Continuous Alcohol Monitoring Expanded by S.L. 2012-146
Five years ago, the General Assembly authorized judges to require that defendants placed on probation for a Level One or Level Two impaired driving offense abstain from consuming alcohol for […]
July 12, 2012
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Update: The court of appeals has withdrawn this opinion.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 […]
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