A UNC School of Government Blog
Yesterday, I noted that the public safety exception to Miranda has been invoked in two recent terrorism cases to justify delaying the administration of Miranda warnings. A commenter correctly identified the seminal case in this area: New York v. Quarles, 467 U.S. 649 (1984). In Quarles, a woman approached two police officers, told them that … Read more
As everyone knows, a car bomb was recently found, and defused, in New York City. The New York Times summarizes the basic facts as follows: A crude car bomb made from gasoline, propane, firecrackers and alarm clocks was discovered in a smoking Nissan Pathfinder in the heart of Times Square on May 1, 2010, prompting … Read more
In Part I of this post, I set out the rule from Bounds v. Smith that “the fundamental constitutional right of access to the courts requires prison authorities . . . to provid[e] prisoners with adequate law libraries or adequate assistance from persons trained in the law.” 430 U.S. 817, 828 (1977). I then surveyed … Read more
In 1977, in a case arising out of North Carolina, the Supreme Court of the United States held that “the fundamental constitutional right of access to the courts requires prison authorities . . . to provid[e] prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Bounds v. Smith, 430 U.S. … Read more
OK, that’s not really the title of this new Administration of Justice Bulletin by my colleague Jessie Smith, but it could be. It’s actually called Understanding the New Confrontation Clause Analysis: Crawford, Davis, and Melendez-Diaz. It’s designed to lay out the law in the clearest possible terms, including a flow chart on page 6 that … Read more
The court of appeals released a new batch of opinions today. I may post on others eventually, but the one that jumped out at me immediately is State v. Brennan. Brennan is a Confrontation Clause case. Most readers of this blog know that Crawford v. Washington, 541 U.S. 36 (2004), breathed new life into the … Read more
I’ve been asked a couple of questions related to forfeiture lately, which has led me to realize that I don’t know much about it. So I’ll offer a little information below, and in exchange, will ask for some information from readers who know whether, and how, forfeiture is being used around the state. Forfeiture generally … Read more
I’ve been busy with New Prosecutors’ School this week. Working on the course, which we co-sponsor with the Conference of District Attorneys, is one of the best parts of my job. I’m always inspired by the enthusiasm, dedication, and professionalism of the assistant district attorneys who attend the school. Even though my full attention has … Read more
As readers of this blog know, Rule 404(b) provides that although evidence of other crimes, wrongs, or acts is not admissible to prove propensity, it may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment, or accident. N.C. R. Evid. 404(b). Even when … Read more
The Fourth Circuit decided a case recently involving members of MS-13. The case involves an interesting Confrontation Clause issue regarding the use of gang experts, which I’ll mention at the end of this post, but I thought that the description of the gang itself was compelling enough to warrant a post: La Mara Salvatrucha, otherwise … Read more