Analysis of DWI Procedures under Fowler and Palmer
Shea Denning, who is the motor vehicle and DWI expert on the School of Government’s faculty, has read, re-read, and re-re-read State v. Fowler and State v. Palmer, the recent […]
June 10, 2009
News Roundup
North Carolina has been all over the web recently. The News and Observer’s habitual felon article, which I discussed in a previous post, has made a splash on several of […]
June 9, 2009
Excuse Me, Recuse You
Yesterday, the United States Supreme Court decided a case that could have been the subject of a John Grisham novel. The case is Caperton v. A.T. Massey Coal Company, and […]
June 5, 2009
Post-Conviction DNA Testing Heats Up
Editor’s note: A previous post concerning a United States Supreme Court case about post-conviction DNA testing appears here. Recently, I’ve been getting a lot of calls about requests for post-conviction […]
May 21, 2009
Petitions to Terminate Sex Offender Registration (Part II)
The other day I posted my thoughts about the “Jacob Wetterling” provision in G.S. 14-208.12A. While that provision raises what I think are the most difficult questions related to petitions […]
May 20, 2009
DWI Appeal Procedures: Fowler and Palmer
Two statutes enacted as part of the Motor Vehicle Driver Protection Act of 2006, G.S. 20-38.6 and 20-38.7, significantly altered district court procedures for implied consent offenses committed on or […]
May 14, 2009
Petitions to Terminate Sex Offender Registration
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
GPS Tracking for Domestic Violence Offenders?
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
Magistrates Appointing Counsel?
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
Breathalyzer Source Code
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 […]
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