…special purpose extension under G.S. 15A-1342(a) or G.S. 15A-1343.2(d). Those two statutes say essentially the same thing: that extension under them is allowed only when (1) the defendant consents, (2)…
…it is per se ineffective assistance of counsel for defense counsel to admit a defendant’s guilt to an offense without the defendant’s consent. The defendant argued that his admission to…
I wrote a post in July asking whether conditional discharge under G.S. 90-96(a) is discretionary or mandatory for a consenting defendant. A case decided this week offers some clarification. The…
…discharge when an eligible defendant is convicted and the defendant and the district attorney consent. Subsection (b), on the other hand, says the court defers proceedings “in its discretion.” The…
…in a minute.) Those changes are important, but the biggest change to G.S. 90-96(a) under the JRA is that it makes discharge and dismissal mandatory for consenting defendants. The provision…
…product protections as to information needed to respond to the claim, a defendant and his prior attorney may disagree about the scope of the implied waiver. Therefore, the ABA reasons,…
…more specifically referenced the district attorney in particular, using phrases such as “death to her as well” or calling for “old time mtn [mountain] justice,” and implied his willingness to…
…was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver.” Nor does a suspect’s waiver of his Miranda rights need to precede…
…act has occurred, and where the degree of coordination associated with those unlawful acts renders an inference of ‘mutual, implied understanding’ between participants far more reasonable. Id. 13-14 (citations omitted)….
…on the other claims. The defendant appealed on the First Amendment claim only. Bivens recognizes an implied cause of action against federal officials for certain constitutional violations. Since its recognition,…