Who Goes Last?
In my previous post, I wrote about who goes first when presenting evidence at a suppression hearing or trial, and the circumstances under which the normal order of presentation could […]
Easy Come, Easy Go: Legislature Removes Affidavit Requirement for Citizen-Initiated Criminal Process
About a year ago, I wrote this post, discussing what was then a new provision in G.S. 15A-304(b): “[A]n official shall only find probable cause based solely on information provided […]
News Roundup
Late last week a man involved in a long running dispute with Annapolis newspaper the Capital Gazette stormed the paper’s newsroom with a shotgun, killing five people and wounding several […]
All the Conditional Discharges
A conditional discharge allows a defendant who pleads guilty or is found guilty to be placed on probation without entry of judgment. If the defendant succeeds on probation, the court […]
Expanded Forgiveness of a Criminal Conviction
Earlier this year, I had the opportunity to participate in a national roundtable, sponsored by the American Law Institute and National Conference of State Legislatures, on current and possible approaches […]
Examining Applicants under Oath before Issuing Search Warrants
Suppose that Officer Oxford is investigating a murder. Oxford believes that Steve Smith is the killer, and that the murder weapon is in Smith’s house. Oxford approaches Magistrate Martin with […]
News Roundup
On Wednesday, Justice Anthony Kennedy announced that he would retire from the United States Supreme Court at the end of July. Kennedy’s retirement has been long-rumored and was made official […]
Factors to Consider When Thinking about a Defendant’s Ability to Pay
In my last post, I wrote about when the court should and must consider a defendant’s ability to pay a monetary obligation. Today’s post talks about some of the specific […]
When a Defendant Agrees to Two Trials Instead of One, Can He Claim that Double Jeopardy Bars the Second?
A Virginia grand jury indicted Michael Currier for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon for his alleged involvement in stealing a safe containing […]
Does McCoy v. Louisiana Matter in North Carolina?
In McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018), the US Supreme Court held that a defendant’s Sixth Amendment counsel right was violated when trial counsel admitted […]