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November 7, 2011
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 […]
READ POST "Court Holds that Probable Cause Hearing Provides a Prior Opportunity to Cross Examine (November 7, 2011)"November 3, 2011
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 […]
READ POST "Quick Dips (November 3, 2011)"November 2, 2011
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 […]
READ POST "Ineffective Assistance in Plea Bargaining? (November 2, 2011)"October 25, 2011
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 […]
READ POST "Confinement in Response to Violations (CRV) and Limits on Probation Revocation Authority (October 25, 2011)"October 24, 2011
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 […]
READ POST "Unauthorized Vehicles Will be Towed at Owners’ Expense (October 24, 2011)"October 20, 2011
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 […]
READ POST "Jessie’s Top Five Indictment Errors (October 20, 2011)"October 18, 2011
Want to frighten your 16 or 17-year-old this Halloween? Tell her that if she is charged with speeding more than 15 mph over the speed limit, she’ll be arrested and […]
READ POST "Update on New G.S. 20-13.3: Civil License Revocations for Provisional Licensees (October 18, 2011)"October 17, 2011
In response to my recent post (here) about waivers of counsel, a number of you emailed asking me to write about forfeiture of the right to counsel. Your wish is […]
READ POST "Forfeiture of the Right to Counsel (October 17, 2011)"October 11, 2011
Suppose that Bob Boyfriend moves in with Gina Girlfriend. Bob lives in Gina’s apartment for several months. He isn’t on the lease and doesn’t pay rent, but he does buy […]
READ POST "Trespass vs. Ejectment (October 11, 2011)"October 4, 2011
In a post here [editor’s note: the post shows up with my picture for technical reasons, but it was written by Sejal Zota], a former colleague discussed Padilla v. Kentucky, […]
READ POST "Is Padilla Retroactive? (October 4, 2011)"