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, […]
April 17, 2012
Does Brady Apply After a Conviction?
Everyone knows that under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor must disclose material exculpatory or mitigating evidence to the defense. But does Brady apply only prior to […]
April 16, 2012
A Defense Win on a Newly Discovered Evidence Claim
I’m guessing that the criminal defense bar thinks that they have more strikes than hits in post-conviction proceedings. But a recent Court of Appeals case reminds us that it is […]
April 11, 2012
Re-sentencing under G.S. 20-38.7: Who Gets It and What’s Game for Consideration?
I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape […]
April 10, 2012
A Motion to Suppress a Prior Conviction Isn’t a Collateral Attack
You can’t always get what you want But if you try sometimes you might find You get what you need –The Rolling Stones It’s generally understood that a criminal defendant […]
April 4, 2012
Can the State Obtain Appellate Review of a Judge’s Order Granting a Defendant’s MAR?
I’ve been asked a couple of times recently whether the state can obtain appellate review of a judge’s order granting a defendant’s motion for appropriate relief, or MAR. The questions […]
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