May 14, 2009
Under G.S. 14-208.12A, registered sex offenders who are not required to register for life can petition the superior court to terminate the registration requirement after 10 years. (The requirement to […]
May 11, 2009
An interesting article in the New York Times, available here, talks about the increasing use of GPS tracking in domestic violence cases, either as a condition of pretrial release or […]
May 8, 2009
Last term, the United States Supreme Court decided Rothgery v. Gillespie County, available here. As most folks likely know, before Rothgery, North Carolina law held that a defendant’s Sixth Amendment […]
May 7, 2009
Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy. The issue is whether a DWI defendant who has submitted […]
May 6, 2009
Under G.S. 15A-1345(c), a preliminary hearing on a probation violation must be held within seven working days of a probationer’s arrest to determine whether there is probable cause to believe […]
April 23, 2009
One of the things I do as Defender Educator is design CLEs for public defenders and private assigned counsel. In an effort to plan top-notch programs, I meet from time […]
April 13, 2009
A Chicago Tribune article, available here, states that an Illinois public defender recently moved to prohibit the state from seeking the death penalty against her client because the state does […]
April 9, 2009
In 2007, legislative action designed to stiffen penalties for drivers charged with speeding followed close on the heels of the “Speed Unlimited” series published in the News and Observer in […]
April 7, 2009
In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court held that prosecutors could not exercise peremptory challenges based on race. In Georgia v. McCollum, 505 U.S. 42 (1992), […]
April 6, 2009
In 2007, the General Assembly enacted the Eyewitness Identification Reform Act, G.S. 15A-284.50 et seq. The heart of the Act is G.S. 15A-284.52, which lays out rules for conducting lineups, […]