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 […]
April 2, 2012
North Carolina Has Its First Forfeiture by Wrongdoing Case
Under the new Crawford confrontation clause analysis, testimonial hearsay statements by witnesses who do not appear at trial cannot be admitted unless the prosecution shows unavailability and a prior opportunity […]
March 28, 2012
Two Thoughts about the Trayvon Martin/George Zimmerman Case
George Zimmerman, a neighborhood watch volunteer in Sanford, Florida, recently shot and killed Trayvon Martin, an unarmed black 17-year-old who was walking through Zimmerman’s neighborhood. Martin was returning from a […]
March 27, 2012
Overstating Possible Punishment and the (In)voluntary Nature of the Plea
In a post here discussing application of post-release supervision periods to multiple sentences Jamie raised the question of whether over-advising a defendant as to the maximum possible sentence associated with […]
March 26, 2012
Ineffective Assistance and Plea Bargaining
The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in […]
March 22, 2012
State v. Friend: Dismissal and Re-filing of DWI Charges Did Not Violate Defendant’s Constitutional Rights
Jeff wrote here about State v. Fields, ___ N.C. App. ___ (March 6, 2012), a case in which the officer’s observation of the defendant’s vehicle as moving within its lane […]
March 20, 2012
Court OKs Offensive Collateral Estoppel
In my experience, the mere mention of the terms “res judicata” and “collateral estoppel” in the classroom setting operates like a blast of intellectual air conditioning, causing mental processes to […]
March 13, 2012
What Is The Date of a Prior Impaired Driving Conviction under G.S. 20-179?
I ended last week’s post by noting that the date on which a prior impaired driving conviction occurs for purposes of the seven-year-look-back period in G.S. 20-179(c)(1)(a) may not be […]
March 7, 2012
When Is a Prior Impaired Driving Conviction Final Enough to Be Counted Under G.S. 20-179?
As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of […]
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