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In this, my last post in a long series on hearsay exceptions, I’ll address the Rule 804 exception for statements against penal interest. Rule 804(b)(3) creates a hearsay exception for […]
I’m traveling today so I’ll round up the news a bit more briefly than usual: Court of appeals remands lethal injection case. The News and Observer reports here that the […]
The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing. For starters, the Knoll court’s decision hinged […]
Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to […]
When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, […]
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 […]