Consent DVPOs without Findings of Fact Are Void ab Initio
The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) […]
February 13, 2012
Use of a Defendant’s Pre- and Post-Arrest Silence at Trial
The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of […]
February 9, 2012
Passwords and the Fifth Amendment
Several years ago, I blogged about a case in which the government sought to compel a criminal defendant to provide the password to his encrypted computer, or at least, to […]
February 8, 2012
FAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
February 1, 2012
In the Matter of District Court Administrative Order
Among the opinions filed by the North Carolina Supreme Court last Friday was an order captioned “In the Matter of District Court Administrative Order.” Without providing any factual background regarding […]
January 31, 2012
Testimony from Anonymous Witnesses
The Fourth Circuit recently decided United States v. Ramos-Cruz, a case involving an MS-13 member who was convicted of assorted federal crimes, all generally tied to his gang membership and […]
January 19, 2012
Pretrial Release – Part 4: Refusal to Provide Identification & Noncitizens
In the last in this series of posts on pretrial release I’ll address two issues that continue to create problems for judicial officials: defendants who refuse to identify themselves and […]
January 17, 2012
What’s In a Name?
In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering […]
January 11, 2012
Run and You’re Done — Part 2
Part I of this post ended by noting that, like the racing forfeiture provisions in G.S. 20-141.3—and unlike the DWI seizure and forfeiture laws—the new felony speeding to elude seizure […]
January 10, 2012
Run and You’re Done — Part 1
My nomination for catchiest short title of the 2011 legislative session goes to House Bill 427, enrolled and chaptered as S.L. 2011-271, and short-titled “Run and You’re Done.” The aptly […]
Subscribe
Categories
Blog Authors
- Maggie Bailey (3)
- Brittany Bromell (89)
- Emily Coward (8)
- Alexander Cowell (3)
- Melanie Crenshaw (2)
- Michael Crowell (7)
- Shea Denning (637)
- Sara DePasquale (9)
- Phil Dixon (201)
- James Drennan (1)
- Belal Elrahal (33)
- Whitney Fairbanks (1)
- Bob Farb (46)
- Rebecca Fisher-Gabbard (2)
- Jacquelyn Greene (79)
- Alyson Grine (16)
- Timothy Heinle (7)
- Jonathan Holbrook (56)
- Joseph L. Hyde (54)
- Kirsten Leloudis (1)
- Caitlin Little (1)
- Ian Mance (3)
- Jamie Markham (558)
- Chris McLaughlin (1)
- Kristi Nickodem (4)
- Alex Phipps (86)
- M. Jeanette Pitts (2)
- LaToya Powell (7)
- Ethan Rex (3)
- John Rubin (97)
- Jessica Smith (253)
- Meredith Smith (5)
- Daniel Spiegel (43)
- Tom Thornburg (6)
- Hannah Turner (12)
- Christopher Tyner (262)
- Jeff Welty (1204)