Articles in the Procedure category - Page 55 of 77

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 […]

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 […]

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 […]