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Rule 804 contains five hearsay exceptions that apply when the declarant is unavailable. I addressed one of them—the residual exception—in a prior post. Another one of the five—statements of family […]
It is ACC tournament time, and basketball competition among North Carolina’s universities is fierce. U.S. News has just released its annual law school rankings, meaning that competition among the state’s […]
Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock […]
As I’ve noted in prior posts, some people just want to serve their time in prison. For one reason or another, they do not want to be on probation. For […]
The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception […]
In earlier posts I covered the major Rule 803 hearsay exceptions, for which unavailability is immaterial. Rule 804 contains additional hearsay exceptions, but they only apply when the declarant is […]
In Chapel Hill, the top story is District Attorney Jim Woodall’s decision not to charge former UNC employee Deborah Crowder in connection with the athletic/academic/no-show classes scandal. The Herald Sun […]
You don’t have to attend basic law enforcement training to identify a potential impaired driver. Plenty of folks without police training could roll off a list of tell-tale signs, including […]
Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]
In a series of posts, I’ve been covering some of the hearsay exceptions that arise most commonly in criminal cases. The residual exceptions make that list. Here is your primer […]