Articles in the Procedure category - Page 53 of 77

Last July, former Wake County district court judge Kristin Ruth pled guilty to willfully failing to discharge the duties of her office, a misdemeanor offense, for her role in signing […]

In addition to contributing to this blog, I publish summaries of N.C. appellate court and U.S. Supreme Court decisions through my Criminal Law Listserv (you can sign up for those […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]