blank

Hearsay Exceptions: Then Existing Mental, Emotional, or Physical Condition

I’ve previously blogged about hearsay exceptions for admissions by party-opponents (here), present sense impressions and excited utterances (here), and statements for purposes of medical diagnosis and treatment (here). In this post I’ll focus on the Rule 803(3) exception for statements of then existing mental, emotional, or physical condition. Remember that unlike the Rule 804 exceptions, … Read more

News Roundup

The biggest national story this week is the just-completed execution of Dennis McGuire by the state of Ohio. Because the state was not able to procure pentobarbital, a drug historically used in executions, it used a novel combination of drugs that resulted in McGuire gasping and convulsing for 10  minutes or more. Whether McGuire was … Read more

blank

2013 Wrap Up: Significant SCOTUS Cases

Wondering what the key cases were in 2013? Here’s my list, for criminal lawyers practicing in state courts. Want more information? All of the cases are summarized in greater detail in my free, online Criminal Case Compendium. Evidence         Kansas v. Cheever, 571 U.S. __ (Dec. 11, 2013). The Fifth Amendment does not prohibit the government … Read more

News Roundup

The new year is off to an interesting start. Here are some of the week’s top developments: Wake County DA not seeking re-election. Wake County District Attorney Colon Willoughby has announced that he will not seek re-election in November. The News and Observer reports that District Court Judge Ned Mangum is “contemplating a possible run … Read more

blank

Trial Priority for DWI Cases and Motions to Dismiss

Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. G.S. 20-28.3(m) requires that district court trials of impaired driving offenses involving forfeiture of motor vehicles be scheduled on the arresting officer’s next court date … Read more

Early Medical Release

North Carolina has a law allowing certain prison inmates to be released early for medical reasons. It was passed in 2008, largely in response to concerns that a small number of aging inmates accounted for a sizeable percentage of the system’s medical budget. The law is similar in concept to compassionate release in the federal … Read more

Heavy Traffic to a Residence and Probable Cause

The court of appeals decided a case today concerning a fact pattern that arises frequently in drug cases. State v. McKinney began when an officer received a “citizen complaint” about “heavy traffic in and out of” a particular apartment, with the visitors staying only a short time. The citizen stated that he or she had … Read more