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 […]
December 10, 2009
Nothing Much Shocking about Shockley
The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met […]
December 8, 2009
What to Do When Dorothea Dix Lights the “No Vacancy” Sign
When one side or the other questions a defendant’s capacity to proceed, the judge may order a competency evaluation. The evaluation is often done locally on an outpatient basis, but […]
November 20, 2009
District Court is in Session . . . But for How Long?
Editor’s note: This post has been revised slightly in response to a helpful comment from a reader. A district court session usually lasts one day, so many court actors have […]
November 17, 2009
Another Batch of Satellite-Based Monitoring Cases
The last round of opinions from the court of appeals included three related to satellite-based monitoring (SBM) of sex offenders. None of them broke any major new ground, but two […]
November 12, 2009
Defense Access to Stored Electronic Communications
As I mentioned last week, I have a new publication entitled Prosecution and Law Enforcement Access to Information about Electronic Communications. It’s meant to be useful on a range of […]
November 4, 2009
State v. Mobley: Green Light to the Use of Substitute Analysts
In previous posts [editor’s note: her prior posts are here and here] I have written about the developing North Carolina law on the use of substitute analysts after Melendez-Diaz. In […]
October 22, 2009
Galindo and “Substitute Analysts” After Melendez-Diaz
On October 20, 2009, the North Carolina Court of Appeals decided State v. Galindo, holding that a Crawford violation occurred when the State’s expert gave an opinion, in a drug […]
October 21, 2009
Should Child Pornography Offenders Forfeit Their Homes?
I’ll get to the topic of today’s post in just a moment, but first I wanted to note what I found to be a fascinating little tidbit about the Willingham […]
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