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 […]
May 6, 2009
Preliminary Hearings on Probation Violations
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
No Probable Cause?
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
The Budget and Court-Appointed Experts
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
Charges? What Charges?
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
Rivera v. Illinois and “Reverse Batson”
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
Lineups, Showups, Undercover Buys, and G.S. 15A-284.52
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, […]
April 3, 2009
Least Interesting Post Ever
Update: I spent some time over the weekend thinking about this case. It seems to me that one likely upshot of Harbison is that some states that currently provide for […]
March 25, 2009
Garcell and Jury Instructions on Multiple Counts
Update: I knew it. One reader emailed me to say that our appellate courts have approved truncated jury instructions for at least thirty years, and referred me to State v. […]
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