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Defendants Who Represent Themselves
Earlier this month, the Supreme Court of North Carolina decided State v. Lane, a capital case involving the abduction, rape, and murder of a five-year-old girl. The defendant in Lane initially sought to represent himself, exercising the right of self-representation established in Faretta v. California, 422 U.S. 806 (1975) (holding that part of the right … Read more
Prosecutors’ Civil Liability for Brady Violations
The United States Supreme Court decided Connick v. Thompson yesterday. In a nutshell, the plaintiff, John Thompson, spent 18 years in prison as a result of a Brady violation. After he was exonerated, he sued the district attorney’s office, claiming that the office failed to train prosecutors adequately about their Brady obligations. A jury agreed … Read more
Worthless Postdated Checks
Under G.S. 14-107, it’s a Class 2 misdemeanor to write a check, “knowing at the time . . . that [the check-writer doesn’t have] sufficient funds on deposit . . . with which to pay the check . . . upon presentation.” The crime may be more serious if the check-writer is a recidivist or … Read more
When Does DWI Resulting in Death Amount to Second Degree Murder?
Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young woman’s car in North Raleigh, killing her. In Cook’s case, the jury found the defendant guilty of impaired driving, involuntary manslaughter and felony death by … Read more
News Roundup
Duke took it on the chin last night, losing to a confident, athletic Arizona team. That’s the basketball roundup. Now for the criminal law roundup: 1. The Conference of District Attorneys has completed a review of the SBI lab cases identified as problematic in the Swecker report. The Conference’s press release states that the review … Read more
Michigan v. Bryant, Part III
In my first two posts, I explored the Bryant opinions. Today I’ll discuss what the case means for confrontation clause analysis going forward. 1. Although Crawford is intact, the Court may be creeping back towards the old Ohio v. Roberts reliability test. Slip op. at 14; id. at 15 n.9; Op. of Scalia, J. dissenting … Read more
Michigan v. Bryant, Part II
In my last post, I looked at the majority opinion in Bryant. Today, I’ll discuss the other opinions, focusing on Scalia’s dissent. In my final post on this issue, I’ll wrap up with a discussion of what the case means for evolving confrontation clause law. As noted in my last post, Justice Sotomayor wrote the … Read more
Michigan v. Bryant, Part I
On February 28, 2011, the United States Supreme Court decided Michigan v. Bryant, its latest Crawford case. In an opinion written by Justice Sotomayor, the Court held that a homicide victim’s statements to responding officers were non-testimonial. In this post, I will explore the majority opinion. In my next post, I will summarize the other … Read more
New North Carolina Legislation on Good Faith Exception to Exclusionary Rules
[Editor’s note: This is Bob’s first post. We’re excited to welcome him to the blog.] With the Governor’s signature on March 18, 2011, House Bill 3 became law (Session Law 2011-6), effective for all hearings or trials beginning on or after July 1, 2011. It contains two provisions concerning the good faith exception to the … Read more