Recent blog posts - 168 of 395

Under the Crawford Confrontation Clause rule, testimonial statements by witnesses who aren’t subject to cross-examination at trial can’t be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Smith, A Guide to Crawford and the Confrontation Clause, in NC Superior Court Judges Benchbook (UNC School of Government Aug. 2015). In the Davis case, the US Supreme Court set out a two-part rule for determining whether or not statements are testimonial for purposes of the Confrontation Clause:

Two recent North Carolina Court of Appeals opinions help delineate when an officer has probable cause to believe a driver is driving while impaired. In each case, the court of appeals reversed the trial court’s determination that the officer lacked probable cause.

The defense files a motion to suppress evidence in superior court, and the judge sets the matter for a hearing. The parties and their witnesses show up, ready to give testimony and make their arguments. The judge opens court and asks a simple question: “who’s going first, the state or the defense?”

A view I’ve often heard expressed is that the state has to go first, because even though it was the defendant’s motion which prompted the hearing, “the state always has the burden” and the party with the burden goes first.

That’s generally a correct statement about the burden of proof, but the corresponding rule about order of presentation is a little more… flexible.

Knock and talks are a common, useful, and sometimes controversial law enforcement tool. I thought that I would put together a post that summarizes the principal legal issues that they present.

As the News Roundup previously has noted, former Buncombe County Manager Wanda Greene is facing federal fraud and embezzlement charges related to allegations that she misused county funds for personal purposes.  The Asheville Citizen-Times reported that Greene’s criminal exposure increased significantly this week with the filing of a new 23-count indictment charging her with various additional frauds and money laundering.  Keep reading for more information about the case and other news.

Do the Justice Reinvestment Act’s limitations on a judge’s authority to revoke probation apply in deferred prosecution and conditional discharge cases? Defendants can be placed on probation as part of […]

When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once he is released from jail subject to those conditions. But what about a defendant who remains in jail? Is he also subject to a no contact condition included on a release order? The court of appeals addressed that issue yesterday in State v. Mitchell.

Earlier this year, in State v. Gomola, ___ N.C. App. ___, 810 S.E.2d 797 (Feb. 6, 2018), the Court of Appeals addressed a self-defense issue that has sometimes puzzled the North Carolina courts. The question in Gomola was whether a person can rely on self-defense to a charge of involuntary manslaughter. The Court answered with a decisive yes . . . if the basis for the involuntary manslaughter charge is an unlawful act such as an assault or affray.

I’ve blogged before about whether law enforcement officers may go to a side door, or the back door, when attempting to conduct a knock-and-talk. The court of appeals just decided another case on point, again holding that an officer generally may not do so.

Film producer Harvey Weinstein was indicted this week in Manhattan on charges of rape and a criminal sexual act.  The indictments relate to incidents that occurred in 2004 and 2013 involving two women who have not been identified.  Weinstein currently is free on $1 million cash bail, and has surrendered his passport and is wearing an electronic monitoring device.  Weinstein’s attorney said that he plans to enter a plea of not guilty and expects an acquittal if the case goes to trial.  Dozens of women have accused Weinstein of sexual misconduct, and the allegations against him were the genesis of the broad and ongoing #MeToo movement against sexual assault and harassment.  Keep reading for more news.