Michigan v. Bryant, Part I
Jessica Smith
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 […]
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March 22, 2011
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 […]
Read post "Michigan v. Bryant, Part I"March 17, 2011
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 […]
Read post "Confrontation at Probation Violation Hearings"March 9, 2011
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 […]
Read post "Juror Compensation"March 2, 2011
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 […]
Read post "Class H and I Felonies in District Court"March 1, 2011
[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 […]
Read post "Trial in the Defendant’s Absence"February 24, 2011
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 […]
Read post "Eyeglasses, Dress Clothes, and Tattoos"February 23, 2011
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. […]
Read post "Reduction or Dismissal of Charges in Implied Consent Cases"February 16, 2011
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 […]
Read post "Assaults: One Conviction or Two?"February 15, 2011
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 […]
Read post "Revocation-Proof Convictions"February 10, 2011
In my first post on this topic, I set the stage for a discussion about the constitutionality of remote two-way testimony. In my second post, I explored the legal authority […]
Read post "Two-Way Remote Testimony: Will It Pass Muster? (Part III)"