Hearsay Exceptions: Admissions by Party-Opponents
Evidence Rule 801(d) sets out a hearsay exception for “Admissions by a Party-Opponent.” If you’re not clear on that rule, read on. The rule says that a statement is admissible […]
News Roundup
The biggest news of the week may be that Frank Perry, the Secretary of the Department of Public Safety, has authorized a one-drug protocol for lethal injection, replacing the three-drug […]
Re-examining Implied Consent after McNeely, Part III
The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]
Re-examining Implied Consent After McNeely, Part II
Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]
Re-examining Implied Consent After McNeely, Part I
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
Character Evidence Made Simple
I field a lot of calls from prosecutors, defenders, and judges about evidence issues. Character evidence is one area that accounts for a lot of those calls. And no wonder. […]
News Roundup
We’ve long believed that the North Carolina Criminal Law Blog is the best, but now we have proof. A reader pointed me to this list of blogs run by law […]
Halloween and Sex Offenders
Each Halloween also seems to bring a wave of news stories related to sex offenders. There apparently isn’t evidence to back up the concern, but some jurisdictions have laws prohibiting […]
Growth of Chapter 14
Counting the number of sections in a chapter of the General Statutes is pretty dull work. But doing it over and over again in order to see the growth in […]
Concealed Carry in Parks and on Playgrounds
Can a concealed carry permit holder carry a concealed handgun in a park? On a playground? The legislature has changed the law in this area twice in recent years and […]