HGN, the Rules of Evidence and Suppression Hearings
True or False: An officer does not have to be qualified as an expert to testify about horizontal gaze nystagmus in a hearing on a motion to suppress in an […]
Going “Beyond the Bounds” of Rule 404(b) in a Case Involving the Death of a Child
About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s […]
News Roundup
The ABA Journal reports that the U.S. Department of Justice has filed an amicus brief in a Georgia civil class action asserting that the use of money bail violates arrestees’ […]
When May Evidence of HGN Come on Down . . . or In?
The question I am most frequently asked these days is some version of the following: May a law enforcement officer trained in administering the HGN test testify at trial about […]
Sufficient Evidence of a Probation Violation
Probation violations need not be proven beyond a reasonable doubt. All that’s required is sufficient evidence to “reasonably satisfy” the judge that a violation occurred. What constitutes competent evidence of a […]
North Carolina Court of Appeals Finds Exigent Circumstances to Enter Home Without a Warrant to Conduct Protective Sweep for Officer Safety and to Prevent Destruction of Evidence
The United States Supreme Court has stated that the “physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed” and that […]
Podcast Update: Episode 4 Now Available
The penultimate episode of the inaugural season of Beyond the Bench is now available! The first half of the episode was produced by Shea, and explores the penalties associated with impaired […]
News Roundup
On Thursday, the United States Olympic Committee issued an apology to Brazil for a “distracting ordeal” involving U.S. Olympic swimmers, bathroom vandalism, and a false report of armed robbery. Earlier […]
Revised Law Green-Lights Restitution to Insurers
For many years North Carolina law has prohibited insurers from receiving restitution directly from criminal defendants. That prohibition will end on December 1, 2016.
Pop Quiz on Dangerous Driving
It is almost time for a new school year to begin, so I’m feeling in the mood for a pop quiz. What driver behavior is associated with the most vehicle […]