Booking Fees
The Seventh Circuit just ruled that the $30 booking fee charged to each arrestee in an Illinois town is constitutional. Markadonatos v. Village of Woodridge, __ F.3d __, 2014 WL […]
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 […]
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 […]
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. […]
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 […]
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 […]
The Loaf
While you were ringing in the new year with a traditional helping of black-eyed peas, some inmates were “enjoying” another day of nutraloaf. As this recent NPR story explains, “[i]n […]
News Roundup
This will be the last blog post of 2013, and in fact, the last one until January 6, 2014, as we will be on our annual holiday hiatus until then. […]
May Magistrates Be Compelled to Testify about Their Decision-Making Processes?
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
Premeditation and Deliberation
A recent Court of Appeals (here) dealt with the issue of whether the evidence was sufficient to establish premeditation and deliberation in a first-degree murder case (it was). Since that […]