Misdemeanors in Superior Court (January 31, 2011)
Jeff Welty
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 […]
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January 31, 2011
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 […]
READ POST "Misdemeanors in Superior Court (January 31, 2011)"December 16, 2010
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 […]
READ POST "Big News about Law Enforcement Access to Email (December 16, 2010)"December 14, 2010
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 […]
READ POST "Parking Enforcement: Civil Penalties, Infractions and Wheel Locks (December 14, 2010)"December 9, 2010
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 […]
READ POST "State v. Daniel Tees Up An Analysis of Prejudice (December 9, 2010)"December 7, 2010
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 […]
READ POST "Is the Use of a Blue Light a Show of Authority? (December 7, 2010)"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 […]
READ POST "The Exclusionary Rule and Probation Hearings (December 1, 2010)"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 […]
READ POST "Proposed Ethics Opinion about Interviewing Child Witnesses (November 29, 2010)"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 […]
READ POST "Confrontation Rights Apply at Sentencing in Noncapital Cases (November 23, 2010)"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 […]
READ POST "Second Installment: Suppression of Chemical Analyses in Implied Consent Cases for Statutory Violations (November 16, 2010)"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 […]
READ POST "United States Supreme Court Grants Cert. in Substitute Analyst Case (November 8, 2010)"