Incompetent to Serve a Sentence?
In Ford v. Wainwright, 477 U.S. 399 (1986), the Supreme Court held that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who […]
March 4, 2010
No Privilege for You
Among the most frequently asked motor vehicle law questions is whether a person convicted of impaired driving for an offense that occurred when the person was less than 21 years […]
March 2, 2010
Jury Selection and Attorneys as Agents of Their Clients
Who has the final say about whether to strike a prospective juror – the defendant or his lawyer? That’s the question addressed by the court of appeals today in State […]
March 1, 2010
Calling the Complainant a “Victim”
Defendants sometimes argue, usually in sexual assault cases, that the complaining witness should not be called a “victim” during court proceedings. The basis of the argument is that using that […]
February 23, 2010
I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part II)
Recall from yesterday’s post that we are considering the following scenario: Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted […]
February 22, 2010
I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part I)
Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is […]
February 17, 2010
Must the State Produce Its Witnesses’ Criminal Records in Discovery?
I’ve been asked several times whether the state is required to provide the defense with the criminal record of the state’s witnesses. There are two possible justifications for such a […]
February 8, 2010
New Criminal Charges as a Violation of Probation
It is a regular condition of probation that a probationer must “commit no criminal offense in any jurisdiction.” G.S. 15A-1343(b)(1). The condition is straightforward enough in theory, but it raises […]
February 3, 2010
Deferred Prosecution Probation
Under G.S. 15A-1341(a1), certain defendants may, with court approval, be placed on probation pursuant to a deferred prosecution agreement. To be eligible for this type of deferred prosecution the defendant […]
February 2, 2010
Going Back to the Well, er, Magistrate
I’ve been asked several times recently whether an officer who asks a magistrate to issue an arrest warrant and is turned down based on a lack of probable cause can […]
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