Articles in the Procedure category - Page 61 of 77

In Stone Free, Jimi Hendix sang: “You can’t hold me down.” Perhaps it’s no surprise but criminal procedure doesn’t conform to Hendrix’s lyrics. As illustrated by the recent case State […]

These days, it seems as though there’s a trial of the century every week or two. Media coverage of court proceedings has never been more intense, even with Nancy Grace […]

In 1985, the General Assembly reclassified certain minor traffic violations as a new type of non-criminal violation, termed an infraction. S.L. 1985-764. Though the legislation provided that infractions were to […]

It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]

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, __ […]

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 […]

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 […]

[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 […]

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 […]

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 […]