Latest posts in category Procedure on North Carolina Criminal Law Blog

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 […]

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 […]

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 […]

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 […]

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 […]

Three bills introduced in the General Assembly this session provide for seizure and forfeiture of motor vehicles involved in certain motor vehicle offenses. House Bill 451 provides for seizure of […]

The rules for sentencing a defendant to special probation—a split sentence—are set out in G.S. 15A-1351(a). Under that law, the court can order as part of a probationary sentence that […]

Or, Seeking Dismissal Based on the State’s Destruction of Evidence Unpublished court of appeals opinions occasionally assume the cache of bootleg recordings of live performances of the Grateful Dead. If […]

Earlier this month, the Supreme Court of North Carolina decided State v. Lane, a capital case involving the abduction, rape, and murder of a five-year-old girl. The defendant in Lane […]

In my first two posts, I explored the Bryant opinions. Today I’ll discuss what the case means for confrontation clause analysis going forward. 1.      Although Crawford is intact, the Court […]