Anonymous Juries

At the Oklahoma City bombing trial of Timothy McVeigh jurors’ names were kept private. So, too, in the corruption trials of former governors Edwin Edwards of Louisiana and Rod Blagojevich of Illinois. Likewise in the recent Chicago trial for the murder of Jennifer Hudson’s mother and other family members. And last year Maryland’s courts adopted … Read more

Applying Rule 403 in Child Pornography Cases

Rule 403 provides that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . . needless presentation of cumulative evidence,” or other factors. There’s considerable case law about the application of Rule 403 to photographs of homicide victims. A recent case from the Third … Read more

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Nunc pro tunc . . . Not so much

Last July, former Wake County district court judge Kristin Ruth pled guilty to willfully failing to discharge the duties of her office, a misdemeanor offense, for her role in signing ex parte orders prepared by a defense attorney that, among other things, ordered that certain conviction dates in DWI cases be entered “nunc pro tunc” … Read more

Probation Confinement Options Other than CRV

A frequently asked question of late is whether a judge may still impose special probation (a split sentence) in a probation case. Apparently the question arises out of a sense that the new forms of confinement created by the Justice Reinvestment Act—short term confinement for 2–3 days (“quick dips”) and confinement in response to violation … Read more

News Roundup

There have been several sad and frightening stories in the news recently, from the apparent murder of UNC undergraduate Faith Hedgepeth, to the ice cream truck operator charged with being a sexual predator, but the one that may have struck the deepest nerve is the fatal shooting of Kathy Bertrand by her ex-husband in Raleigh. … Read more

The Latest UNC Scandal and the Possibility of Disparate Treatment

A couple of recent news stories led me to think about the possibility of a particular type of class disparity in the criminal justice system. Here are the two stories: Two big-time UNC fundraisers have resigned. The two were dating. They went on several trips together, at university expense, to locations where one of the … Read more

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DWI and Serious Injury to More than One Person

Y’all may be tired of reading about sentencing in impaired driving cases, particularly if you’ve read this entire bulletin.  But I’m hoping the reader-market will bear a few more sentencing-related posts since I’ve not tired of writing about the subject. Recently, in a session I taught about sentencing under G.S. 20-179, a lively discussion broke … Read more

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Waiver of Counsel: A Quick Refresher

In addition to contributing to this blog, I publish summaries of N.C. appellate court and U.S. Supreme Court decisions through my Criminal Law Listserv (you can sign up for those emails here). That job involves reading a lot of cases and probably explains why my eyeglass prescription has been getting steadily stronger. But a side … Read more

News Roundup

It was a short week, but not a slow week. Here in North Carolina, the News and Observer has this story describing the increase in post-release supervision resulting from the Justice Reinvestment Act, and noting the lack of any additional supervising officers to handle the influx. Officers’ caseloads are way up, and the Division of … Read more