Expert Discovery (August 10, 2011)
Jeff Welty
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 […]
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August 10, 2011
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 […]
READ POST "Expert Discovery (August 10, 2011)"August 8, 2011
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 […]
READ POST "Certificate of Relief from Collateral Consequences of a Criminal Conviction (August 8, 2011)"August 4, 2011
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 […]
READ POST "References to the Defendant’s Assertion of Miranda Rights (August 4, 2011)"July 27, 2011
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 […]
READ POST "Jury Instructions on Lesser Included Offenses (July 27, 2011)"June 29, 2011
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. __, […]
READ POST "Bullcoming and Substitute Analysts (June 29, 2011)"June 28, 2011
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 […]
READ POST "Probable Cause: The Same for All Crimes? (June 28, 2011)"June 21, 2011
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 […]
READ POST "Davis v. United States and the Future of the Exclusionary Rule (June 21, 2011)"June 20, 2011
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 […]
READ POST "J.D.B., the Supreme Court, and Miranda (June 20, 2011)"June 16, 2011
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 […]
READ POST "What Not to Do in an Impaired Driving Case (Post II) (June 16, 2011)"May 26, 2011
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 […]
READ POST "Refusal to Deliberate (May 26, 2011)"