Happy Justice Reinvestment Day
Jamie Markham
It’s December 1, and a lot of new laws (the News & Observer counts 35) come into effect today. Among them is the Justice Reinvestment Act—or at least portions of […]
December 1, 2011
It’s December 1, and a lot of new laws (the News & Observer counts 35) come into effect today. Among them is the Justice Reinvestment Act—or at least portions of […]
Read post "Happy Justice Reinvestment Day"November 30, 2011
Criminal defendants, especially those sentenced to long prison terms, sometimes try to attack their convictions and sentences by claiming that their trial lawyers provided ineffective assistance of counsel. The state […]
Read post "Proposed Ethics Opinion: Defense Lawyers May Assist the State in Responding to Claims of Ineffective Assistance"November 29, 2011
Last year, the Onion (my favorite news satire outfit) ran an article headlined “Nation Shudders at Large Block of Uninterrupted Text.” It’s a pretty funny take on modern society’s overreliance […]
Read post "The New G.S. 90-96"November 28, 2011
According to the News and Observer, the trial of Laurence Lovette begins today in Hillsborough. Lovette is charged with the first-degree murder of Eve Carson, who was, at the time […]
Read post "Individual Voir Dire"November 21, 2011
According to my teenaged kids, “corpus delicti” sounds like something that will get you in trouble if you write about it on a government-sponsored blog. It is, however, an issue […]
Read post "Corpus Delicti"November 14, 2011
As a general rule, some decisions in the course of a criminal trial are made by the defendant and others are made by defense counsel. A defendant decides, for example, […]
Read post "Absolute Impasse"November 8, 2011
Former Penn State defensive coordinator Jerry Sandusky has been charged with sexually assaulting eight young boys between 1994 and 2009. The principal New York Times story is here. ESPN’s coverage […]
Read post "Penn State"November 7, 2011
As blog readers well know, the new Crawford confrontation clause rule provides that absent an exception or a waiver of rights, testimonial hearsay statements of a declarant who does not […]
Read post "Court Holds that Probable Cause Hearing Provides a Prior Opportunity to Cross Examine"November 3, 2011
As I mentioned in a prior post, the Justice Reinvestment Act (S.L. 2011-192) creates a new set of “community and intermediate probation conditions” that can be ordered in any Structured […]
Read post "Quick Dips"November 2, 2011
On Halloween, I was dressed up as a sheep, trick or treating with my daughter, Little Bo Peep. Fortunately, serious legal business was being conducted elsewhere: the Supreme Court heard […]
Read post "Ineffective Assistance in Plea Bargaining?"