Latest posts in category Procedure on North Carolina Criminal Law Blog

In my last post, I set the stage for a discussion about the constitutionality of remote two-way testimony. In this post I will explore the authority bearing on that question. […]

Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy […]

I recently received an email that began “I have been reading in the news that Sheriff Mike Cain of Yadkin County pled guilty to eight misdemeanors. I am curious how […]

I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law […]

The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side […]

North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]

Today, the court of appeals decided State v. Baker.  Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it […]

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 […]

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 […]

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 […]