News Roundup

Potentially capital federal charges have been filed against Dzhokhar Tsarnaev in connection with the Boston marathon bombings. The filing of charges led to an initial appearance – in the hospital – before a federal magistrate judge, who advised Tsarnaev of his Miranda rights in the course of the proceeding. (Investigators had not previously read him … Read more

Smartphone App on Justice Reinvestment

In Jeff’s recent announcement of the new version of the ASSET smartphone app, he mentioned that we would release another app soon. I’m pleased to report that our second app, a handheld guide to sentencing and corrections after Justice Reinvestment, is available now. It was created primarily as a field reference for probation officers, but … Read more

Smartphone Search and Seizure App Update

Last year, I announced the debut of “the School of Government’s first smartphone app, a guide to the law of search and seizure called ASSET.” Over 4,000 people installed the app, and reviews termed it a “great resource” and “very useful.” New version. We have just finished a new version of the app. The new … Read more

The Wetterling Finding: Not an Unconstitutional Delegation

The court of appeals recently decided another case on petitions to terminate sex offender registration. Once again, the decision turned on what I have called the “Wetterling finding”—the rule in G.S. 14-208.12A(a1)(2) that a judge may not remove a person from the registry if doing so would not comply with “the federal Jacob Wetterling Act, … Read more

Interrogating Tsarnaev

Dzhokhar Tsarnaev has been arrested in connection with the Boston Marathon bombings. CNN reports that he “lies in a hospital with a gunshot wound to the side of his neck, sedated and intubated,” but that he could be put on a “sedation holiday” and brought back to consciousness to be questioned. This raises several issues. … Read more

News Roundup

Boston is in chaos. One suspect in the marathon bombings has been killed and the other is on the run. Reports suggest that the two are brothers, of Chechen origin. Other issues seem small by comparison, but nevertheless: 1. Sex offender residence bill passes. SB 23, now S.L. 2013-28, has passed and takes effect immediately. … Read more

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Supreme Court Weighs in on Nonconsensual, Warrantless Blood Draws in DWI Cases

The United States Supreme Court decided Missouri v McNeely yesterday, holding that in impaired driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. The high court thus resolved the split among state courts regarding whether its … Read more

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Rule 404(b): The Bare Fact of Conviction Rule

Evidence Rule 404(b) allows for the admission of evidence of other crimes, wrongs, or acts for purposes other than propensity, such as proving motive, opportunity, intent, preparation or plan. In a series of posts, I’ll explore common issues that arise regarding Rule 404(b). First up is the bare fact of conviction rule. As a general … Read more

Boston Marathon Bombing

The finish line of the Boston Marathon was rocked by two bombs early yesterday afternoon. At least three people were killed, including an eight-year-old boy, and well over 100 were injured, many very badly. The New York Times story is here. Several hundred North Carolina residents ran the marathon, and at least one was injured … Read more