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 […]
May 22, 2012
Notice of Aggravating Factors Under G.S. 20-179
Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with […]
May 21, 2012
Jury Argument — Part III
In a prior post on this topic, I began outlining some impermissible types of jury argument. In this post, I’ll continue that discussion with the following additional listing of improper […]
May 17, 2012
Petitions for Removal from the Sex Offender Registry: The Wetterling Finding — Part II
In my previous post I wrote about In re Hamilton, a recent appellate case involving petitions to terminate sex offender registration. In Hamilton, the court of appeals held that a […]
May 16, 2012
Petitions for Removal from the Sex Offender Registry: The Wetterling Finding — Part I
A recent case from the court of appeals sheds some light on a frequently asked question about petitions for removal from the sex offender registry. The case, In re Hamilton, […]
May 14, 2012
Jury Argument — Part II
In a prior post on this topic, I addressed permissible jury argument. In this post and one that follows [editor’s note: coming next week], I address impermissible argument. The courts […]
May 8, 2012
Must Officers’ Prior Misconduct Be Disclosed in Discovery?
I’ve had a whole bunch of phone calls lately raising the same basic issue: suppose that a prosecutor is aware that an officer has been dishonest or has engaged in […]
April 26, 2012
Men Behaving Very Badly
As part of its ongoing coverage of the John Edwards trial, The News and Observer reported today that Edwards’ lawyer cross-examined former Edwards aide Andrew Young by reading from pages […]
April 19, 2012
Sufficient or Insufficient?
Under G.S. 14-208.18, it is a crime for certain sex offenders “to knowingly be at” certain locations, including “[o]n the premises of any place intended primarily for the use, care, […]
April 18, 2012
Providing Notice of Implied Consent Rights to a Deaf Defendant
Several earlier posts address the requirement that a defendant be notified of statutory rights related to implied consent testing before being requested to submit to a test of his breath, […]
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