Package Deal Plea Bargains
The court of appeals decided State v. Salvetti this week. The case involves several interesting issues, but I want to focus on the court’s approval of “package deal” plea bargaining. […]
January 20, 2010
State v. Fletcher and Warrantless Blood Draws
I’ve blogged before about G.S. 20-139.1(d1). When a DWI arrestee refuses to submit to a test for alcohol, that section allows “any law enforcement officer with probable cause” to “compel […]
January 19, 2010
Fingerprinting Uncooperative Defendants
From time to time, an officer or a magistrate asks how to respond when a defendant who is properly subject to fingerprinting under G.S. 15A-502 refuses to be fingerprinted. There […]
January 15, 2010
News Roundup (Sort of)
There have been several interesting criminal law new stories this week. I want to focus mainly on one with a local connection, but I’ll note briefly this New York Times […]
January 12, 2010
Spisak
Consider the following excerpts from a penalty phase closing argument in a capital case: “[D]on’t look to [the defendant] for sympathy, because he demands none. And, ladies and gentlemen, when […]
January 11, 2010
State v. Mumford: A New Exception Affording Relief from Inconsistent Verdicts
Jeff Welty blogged here about inconsistent verdicts. As he explained, a defendant generally isn’t entitled to relief from inconsistent verdicts, which may result from jury irrationality, a jury’s desire to […]
January 6, 2010
North Carolina’s Notice and Demand Statute for Chemical Analyses in Drug Cases Is Constitutional
In Melendez-Diaz v. Massachussetts, the United States Supreme Court held that forensic laboratory reports—such as those identifying a substance as a controlled substance—are testimonial and subject to the new Crawford […]
January 5, 2010
What to Do When a Defendant Is Charged under the Wrong Name
Sometimes, a defendant is charged under the wrong name. This usually happens when the defendant gives a false name upon arrest. When this is discovered, what should be done? There […]
December 17, 2009
Drug Testing of Probationers as a Warrantless Search
The principal probation reform bill (S.L. 2009-372 [S 920], summarized here) went into effect on December 1. Since then, I’ve received a number of questions about it, many of them […]
December 16, 2009
Dealing with Disappearing DWI Defendants
I’ve had several questions recently about how to handle cases in which the defendant was charged with DWI, failed to appear, remained absent for several years, then reappeared. Often, the […]
Subscribe
Categories
Blog Authors
- Maggie Bailey (3)
- Brittany Bromell (89)
- Emily Coward (8)
- Alexander Cowell (3)
- Melanie Crenshaw (2)
- Michael Crowell (7)
- Shea Denning (637)
- Sara DePasquale (9)
- Phil Dixon (201)
- James Drennan (1)
- Belal Elrahal (33)
- Whitney Fairbanks (1)
- Bob Farb (46)
- Rebecca Fisher-Gabbard (2)
- Jacquelyn Greene (79)
- Alyson Grine (16)
- Timothy Heinle (7)
- Jonathan Holbrook (56)
- Joseph L. Hyde (53)
- Kirsten Leloudis (1)
- Caitlin Little (1)
- Ian Mance (3)
- Jamie Markham (558)
- Chris McLaughlin (1)
- Kristi Nickodem (4)
- Alex Phipps (86)
- M. Jeanette Pitts (2)
- LaToya Powell (7)
- Ethan Rex (3)
- John Rubin (97)
- Jessica Smith (253)
- Meredith Smith (5)
- Daniel Spiegel (43)
- Tom Thornburg (6)
- Hannah Turner (12)
- Christopher Tyner (262)
- Jeff Welty (1204)