Michigan v. Bryant, Part III
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 […]
March 22, 2011
Michigan v. Bryant, Part I
On February 28, 2011, the United States Supreme Court decided Michigan v. Bryant, its latest Crawford case. In an opinion written by Justice Sotomayor, the Court held that a homicide […]
March 17, 2011
Confrontation at Probation Violation Hearings
Under G.S. 15A-1345(e), a probationer is entitled at a probation violation hearing to “confront and cross-examine adverse witnesses unless the court finds good cause for not allowing confrontation.” What does […]
March 9, 2011
Juror Compensation
I was reading the News and Observer this morning over breakfast and saw this story about jury selection in a Wake County murder case. The thrust of the story will […]
March 2, 2011
Class H and I Felonies in District Court
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law […]
March 1, 2011
Trial in the Defendant’s Absence
[Editor’s note: Sorry there was no post yesterday. I was out of town and had technical trouble that made it impossible to access the blog.] Can a defendant be tried […]
February 24, 2011
Eyeglasses, Dress Clothes, and Tattoos
According to this recent article in the ABA Journal, criminal defense lawyers “[i]ncreasingly . . . are asking their clients to wear glasses during jury trials,” believing that juries will […]
February 23, 2011
Reduction or Dismissal of Charges in Implied Consent Cases
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]
February 16, 2011
Assaults: One Conviction or Two?
Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory […]
February 15, 2011
Revocation-Proof Convictions
According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before […]
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