Articles in the Procedure category - Page 60 of 77

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

When analysts from the Council of State Governments studied North Carolina’s sentencing laws and correctional system, one of their key findings was that revoked probationers account for a lot of […]

Police officers, city and county attorneys, private citizens and others frequently inquire about the circumstances under which the owner of private property may arrange for a vehicle parked on that […]

An indictment defect is a boon for the defense and a disaster for the prosecution. Simply put an indictment is defective when it fails to allege an essential element of […]