Statute of Limitations on Defense Motions for Appropriate Relief
I get asked a lot of questions about motions for appropriate relief (MARs). One common scenario is: Defendant was convicted of Crime X years ago and the sentence has been […]
August 11, 2010
I get asked a lot of questions about motions for appropriate relief (MARs). One common scenario is: Defendant was convicted of Crime X years ago and the sentence has been […]
August 9, 2010
Since the U.S. Supreme Court’s decision in Crawford v. Washington, interest has been growing in the use of two-way video testimony as a method to satisfy the confrontation clause when […]
August 5, 2010
The court of appeals issued three opinions on Tuesday involving satellite-based monitoring (SBM) of sex offenders. In all three, offenders challenged trial court determinations that they had to enroll in […]
August 4, 2010
Suppose that both the local police and the federal Drug Enforcement Administration suspect that Derek is selling drugs. The police are a step ahead, and they arrest Derek and charge […]
July 22, 2010
The court of appeals in State v. Simmons, ___ N.C. App. ___ (July 20, 2010), decided this week, awarded a new trial to a defendant convicted of impaired driving, finding […]
July 20, 2010
In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per […]
July 15, 2010
Previously, Jeff and I posted about the post-Melendez-Diaz decisions by the N.C. Court of Appeals in the Brennan and Brewington substitute analyst cases (those posts are available here, here, and […]
July 13, 2010
I was catching up on the Fourth Circuit’s recent opinions this weekend when I came across United States v. Luck. It raises some interesting issues that are not specific to […]
July 12, 2010
I regularly am asked questions about criminal case calendaring. There are relatively detailed statutory provisions regarding the calendaring of superior court cases. As to district court cases, however, the statutes […]
July 6, 2010
I’m on vacation this week, so my blogging will be a little lighter fare than usual. Today, I thought I’d call attention to this article in the FBI Law Enforcement […]