Articles in the Procedure category - Page 55 of 77

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 […]

Update: The court of appeals has withdrawn this opinion.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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]