A UNC School of Government Blog
Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy the confrontation clause. Crawford held that under the sixth amendment’s confrontation clause, testimonial statements by witnesses who do not appear at trial cannot be admitted … Read more
I recently received an email that began “I have been reading in the news that Sheriff Mike Cain of Yadkin County pled guilty to eight misdemeanors. I am curious how the Superior Court had jurisdiction [since the case was not an appeal, but rather one of original jurisdiction].” The author suggested that the answer might … Read more
I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law enforcement can obtain a suspect’s email from the suspect’s email provider. There are lots of wrinkles, but broadly, there’s a federal statute called the Stored … Read more
The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side window by a law enforcement officer illuminated by the flashing blue lights of her police vehicle. But both may land you in district criminal court. … Read more
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 N.C. 535 (1988), the court ordered that charges of impaired driving against defendants in three separate cases be dismissed because the magistrate in each case … Read more
Today, the court of appeals decided State v. Baker. Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it raises what I think is an interesting search and seizure issue. The facts were as follows. An officer was on patrol near a nursing facility … Read more
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal or summary. State v. Hewett, 270 N.C. 348 (1967). Formal rules of evidence do not apply at violation hearings, meaning hearsay is generally admissible. G.S. … Read more
Last month, the State Bar issued a proposed ethics opinion regarding contact between prosecutors and defense lawyers, on the one hand, and children who are prosecuting witnesses in criminal cases involving allegations of physical or sexual abuse, on the other. The proposed opinion, which is available here, concludes that a lawyer “may not interview a … Read more
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with his aggravated-range sentence. In the meantime, the United States Supreme Court decided Blakely v. Washington, 542 U.S. 296 (2004). Hurt’s case was eventually remanded for … Read more
Stan Speedy is charged with impaired driving. He has filed a motion to suppress evidence of blood test results based on a violation of his Fourth Amendment and his statutory rights under Chapter 20. At the suppression hearing, a sheriff’s deputy testifies to the following facts: At 10 p.m. on the evening of May … Read more