Extending Probation
How long can a defendant be on probation for a single conviction? A. Five years. B. Eight years. C. It depends. The best answer is C. A judge can sentence […]
September 29, 2009
A Useful Law Review Article
Like many lawyers, I served on a law review when I was a law student. It was a good experience: I became intimately familiar with the rules of legal citation, […]
September 25, 2009
Judicial Recusal
My colleague Michael Crowell recently published a paper on judicial recusal, available here as a free download. It includes a discussion of the Supreme Court’s recent decision in Caperton v. […]
September 23, 2009
Notice, Drinking, and Intensive Probation
Back in July the court of appeals decided State v. Hubbard, a probation revocation case that I mentioned in passing but never really discussed in depth. In Hubbard the defendant’s […]
September 14, 2009
Inconsistent Verdicts
Further Update: See Shea Denning’s post here about State v. Mumford, in which the court of appeals held that “logically inconsistent and legally contradictory” verdicts cannot stand. It has the […]
September 9, 2009
Melendez-Diaz “Fix”
Melendez-Diaz v. Massachussetts, as most readers of this blog know, is the United States Supreme Court’s latest pronouncement on the Confrontation Clause. Generally, it holds that forensic laboratory reports — […]
September 8, 2009
State v. Wagoner, Satellite-Based Monitoring, and the Ex Post Facto Issue Revisited
Last week the court of appeals decided State v. Wagoner, its latest case involving satellite-based monitoring (SBM) of sex offenders. Mr. Wagoner, who had previously been convicted of multiple reportable […]
August 27, 2009
Possession of Stolen Goods and Receiving Stolen Goods
I’m working on revising Arrest Warrant and Indictment Forms, a manual that provides charging language for several hundred common offenses. In the course of working on language for possession of […]
July 27, 2009
Retroactivity of Melendez-Diaz (Again)
In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another […]
July 24, 2009
What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
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Blog Authors
- Maggie Bailey
- Brittany Bromell
- Emily Coward
- Alexander Cowell
- Melanie Crenshaw
- Michael Crowell
- Shea Denning
- Sara DePasquale
- Phil Dixon
- James Drennan
- Belal Elrahal
- Whitney Fairbanks
- Bob Farb
- Rebecca Fisher-Gabbard
- Jacquelyn Greene
- Alyson Grine
- Timothy Heinle
- Jonathan Holbrook
- Joseph L. Hyde
- Kirsten Leloudis
- Caitlin Little
- Ian Mance
- Jamie Markham
- Chris McLaughlin
- Kristi Nickodem
- Alex Phipps
- M. Jeanette Pitts
- LaToya Powell
- Ethan Rex
- John Rubin
- Jessica Smith
- Meredith Smith
- Daniel Spiegel
- Tom Thornburg
- Hannah Turner
- Christopher Tyner
- Jeffrey Welty