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December 10, 2009
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 […]
READ POST "Nothing Much Shocking about Shockley (December 10, 2009)"December 8, 2009
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 […]
READ POST "What to Do When Dorothea Dix Lights the “No Vacancy” Sign (December 8, 2009)"November 20, 2009
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 […]
READ POST "District Court is in Session . . . But for How Long? (November 20, 2009)"November 17, 2009
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 […]
READ POST "Another Batch of Satellite-Based Monitoring Cases (November 17, 2009)"November 12, 2009
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 […]
READ POST "Defense Access to Stored Electronic Communications (November 12, 2009)"November 4, 2009
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 […]
READ POST "State v. Mobley: Green Light to the Use of Substitute Analysts (November 4, 2009)"October 22, 2009
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 […]
READ POST "Galindo and “Substitute Analysts” After Melendez-Diaz (October 22, 2009)"October 21, 2009
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 […]
READ POST "Should Child Pornography Offenders Forfeit Their Homes? (October 21, 2009)"October 15, 2009
My colleague Shea Denning, a frequent contributor to this blog in the area of motor vehicle law, has put together the ultimate authority on all things related to State v. […]
READ POST "All You Ever Wanted to Knoll, But Were Afraid to Ask (October 15, 2009)"October 14, 2009
by School of Government faculty member Michael Crowell In the last couple of years North Carolina has seen several high profile cases in which the sealing of a search warrant […]
READ POST "Sealing Warrants (October 14, 2009)"