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 […]
June 21, 2011
Davis v. United States and the Future of the Exclusionary Rule
Virtually all courts interpreted Belton v. New York, 453 U.S. 454 (1981), to authorize a law enforcement officer to search the passenger compartment of a motor vehicle incident to the […]
June 20, 2011
J.D.B., the Supreme Court, and Miranda
As I noted last week, the Supreme Court of the United States just decided J.D.B. v. North Carolina, an important Miranda case. I blogged about the case here when it […]
June 16, 2011
What Not to Do in an Impaired Driving Case (Post II)
The first post in this series discussed State v. Taylor. This one recounts the what not to do lessons from last week’s court of appeals’ decision in State v. Petty […]
May 26, 2011
Refusal to Deliberate
I was asked recently whether a juror can be removed for refusing to deliberate. The case in which the issue arose has concluded, a federal circuit court just weighed in […]
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