Excuse Me, Recuse You
Jeff Welty
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 […]
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June 9, 2009
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 […]
READ POST "Excuse Me, Recuse You"June 5, 2009
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 […]
READ POST "Post-Conviction DNA Testing Heats Up"May 21, 2009
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 […]
READ POST "Petitions to Terminate Sex Offender Registration (Part II)"May 20, 2009
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 […]
READ POST "DWI Appeal Procedures: Fowler and Palmer"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 […]
READ POST "Petitions to Terminate Sex Offender Registration"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 […]
READ POST "GPS Tracking for Domestic Violence Offenders?"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 […]
READ POST "Magistrates Appointing Counsel?"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 […]
READ POST "Breathalyzer Source Code"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 […]
READ POST "Preliminary Hearings on Probation Violations"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 […]
READ POST "No Probable Cause?"