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 […]
July 22, 2009
Time Limits on Trials
I’m a little like a broadcaster for a small-market sports team, in that I’m a relentless “homer,” always impressed with the efforts of the School of Government faculty. With that […]
July 7, 2009
Useful New Publication on U Visas
Crime victims who aren’t citizens may be reluctant to come forward, particularly if they are in the United States illegally. Congress attempted to address this problem in 2000, by creating a special […]
July 6, 2009
The Impact of Melendez-Diaz on North Carolina
I was on vacation last week, and the buzz around Melendez-Diaz — see this prior post for the basics — was partly drowned out by the sound of the waves […]
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