The Exclusionary Rule and Probation Hearings
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]
December 1, 2010
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]
November 29, 2010
Last month, the State Bar issued a proposed ethics opinion regarding contact between prosecutors and defense lawyers, on the one hand, and children who are prosecuting witnesses in criminal cases […]
November 23, 2010
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with […]
November 16, 2010
Stan Speedy is charged with impaired driving. He has filed a motion to suppress evidence of blood test results based on a violation of his Fourth Amendment and his statutory […]
November 8, 2010
In at least five prior posts on this blog (here, here, here, here, and here) I have written about the use of substitute analysts after Crawford and Melendez-Diaz. The basic […]
November 4, 2010
Dan Defendant is charged with and arrested for driving while impaired. He is taken to a law enforcement center for administration of a chemical analysis. At 2:00 a.m., the chemical […]
October 25, 2010
Jeff previously posted news items about North Carolina’s Racial Justice Act (RJA), including one here updating readers on the bill’s path to law, and one here about actual RJA filings. […]
October 11, 2010
I recently presented at the North Carolina Probation and Parole Association’s annual conference. I received a lot of really good questions, but the subject that raised the most questions (by […]
October 7, 2010
A few weeks ago, I blogged about the offense of operating while impaired. One of the issues I raised in the post was whether telling a defendant that his or […]
September 30, 2010
I’ve had several questions lately about the authority of law enforcement to track a suspect by obtaining information about contacts between the suspect’s cellular telephone and cellular towers. I’m also […]