The police can fly a plane over your house and look down to see whether you are growing marijuana in your backyard. California v. Ciraolo, 476 U.S. 207 (1986). But can the police fly a plane over everyone’s house, all the time, and record everything visible from the sky? This isn’t a law school hypothetical.
News Roundup
Diners at a Washington D.C. pizza restaurant, Comet Ping Pong, were terrified Sunday when a North Carolina man, Edgar M. Welch of Salisbury, entered the restaurant and fired a rifle in an effort to “self investigate” an online story known as “Pizzagate.” Keep reading for more details about this bizarre incident and for more news of the week.
Confinement as Part of a Deferral or Conditional Discharge
May probation pursuant to a deferred prosecution or conditional discharge include incarceration?
Court of Appeals Says Magistrate’s Order Does Not Toll Statute of Limitations
The court of appeals held yesterday in State v. Turner, __ N.C. App. ___ (2016), that the issuance of a magistrate’s order charging a defendant with driving while impaired did not toll the two-year statute of limitations for misdemeanors. Because the defendant was not tried within two years of the offense, the appellate court ruled that the trial court properly dismissed the charges. This opinion is as big as surprise to criminal procedure experts as the outcome of last month’s presidential election was to pollsters. Does it mean that district courts must dismiss charges for misdemeanor offenses that occurred more than two years ago?
At an Impasse Again
Twenty-five years ago the North Carolina Supreme Court departed from national standards on attorney-client decision-making and gave clients greater control over the direction of their case, including trial strategy and tactics. Since then, the North Carolina courts have sorted through various matters on which attorneys and clients have disagreed. A recent decision, State v. Ward (Nov. 1, 2016), applies and perhaps expands one of the exceptions to client control over the case.
Expert Testimony about Eyewitness Identification
This post addresses three recurrent issues concerning eyewitness identification:
- When, if at all, is expert testimony about eyewitness identification admissible?
- When, if at all, is an indigent defendant entitled to funds with which to hire an expert on eyewitness identification?
- May jury instructions, rather than expert testimony, be used to inform the jury about factors relevant to the accuracy of an eyewitness identification?
News Roundup
As the Charlotte Observer reports, Mecklenburg District Attorney Andrew Murray announced Wednesday that the officer who fatally shot Keith Lamont Scott earlier this year lawfully used deadly force and will not face criminal charges. Murray explained that a CMPD and SBI investigation into the shooting indicated that Scott was armed with a handgun during the deadly confrontation with officers and ignored commands to drop the weapon. According to another report by the Observer, protestors marched from CMPD headquarters to the city center following the announcement; speakers at the protest called for increased police transparency. Keep reading for more news.
Fourth Circuit Affirms Doe v. Cooper
The United States Court of Appeals for the Fourth Circuit issued its opinion in Doe v. Cooper yesterday. A unanimous panel of the court affirmed a decision from Middle District of North Carolina finding two parts of G.S. 14-208.18—North Carolina’s premises restrictions for certain sex offenders—unconstitutional.
Getting a Car for Christmas
Five years ago, my husband “gave” me a minivan for Christmas. Sure, it was fun to find the keys in my stocking and to put one of the children in the third row seat on the way to grandma’s, forcing him to stretch to touch his siblings. But it wasn’t all fun and games. On the way back from my in-laws’ house, I sheepishly asked: So, how much are the payments? Gulp. And then there is that pesky December registration renewal, which increases my already out-sized December expenditures and adds to my long year-end “to do” list. On top of that, my registration renewal wound up costing me an extra $8 last year. Read on to learn more about my total bill and how you can avoid the new late fee for registration renewals.
Sexual Activity as a Confidential Marital Communication
Is having sex with your spouse “communication”? The court of appeals addressed this issue in State v. Godbey, a child sexual abuse case. The victim alleged that the defendant engaged in specific, unusual sexual acts with her. The court considered whether the defendant’s wife could be compelled to testify that the defendant engaged in similar acts with her, or whether those acts were covered by the confidential marital communication privilege.