Articles in the Procedure category - Page 57 of 77

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters […]

In a post here, a former colleague [editor’s note: the post has my picture on it but as the byline notes, it was written by Sejal Zota] wrote about Padilla […]