A Trap for the Unwary Prosecutor
In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ […]
September 13, 2011
Out-of-State Requests for in-State Medical Records
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records […]
August 31, 2011
Lee v. Gore: Averment of Willful Refusal Necessary before DMV Can Revoke
The North Carolina Supreme Court decided Lee v. Gore last Friday, affirming the court of appeals and holding that DMV lacked authority to revoke the petitioner’s driving privileges pursuant to […]
August 25, 2011
How to Take a Waiver of Counsel
[Editor’s note: For a discussion of waivers in the context of probation violation proceedings, see Jamie Markham’s recent post here.] In the last batch of N.C. Court of Appeals’ decisions […]
August 10, 2011
Expert Discovery
For a variety of reasons, I’ve spent some time recently looking at expert discovery in criminal cases. I thought I’d put together a short summary of the law. The discovery […]
August 8, 2011
Certificate of Relief from Collateral Consequences of a Criminal Conviction
In 2010, the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws) adopted the Uniform Collateral Consequence of Conviction Act to assist states in […]
August 4, 2011
References to the Defendant’s Assertion of Miranda Rights
Sometimes the state wants to introduce evidence that the defendant invoked his right to remain silent or his right to counsel under Miranda. If the prosecution’s purpose is simply to […]
July 27, 2011
Jury Instructions on Lesser Included Offenses
A recent question prompted me to research when a superior court judge should instruct the jury on a lesser included offense. The general standard is that a judge should do […]
June 29, 2011
Bullcoming and Substitute Analysts
On June 23rd, the U.S. Supreme Court decided Bullcoming v. New Mexico. As anticipated, the case turned out to be a straightforward application of Melendez-Diaz v. Massachusetts, 557 U.S. __, […]
June 28, 2011
Probable Cause: The Same for All Crimes?
Suppose that a magistrate is asked to issue a search warrant for a particular residence. Based on the information presented to her by the applicant, the magistrate believes that there […]
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