Obtaining a Search Warrant after Charges Have Been Brought
Most search warrants are obtained before anyone has been charged with a crime. But sometimes officers will charge a defendant and then decide to obtain a search warrant to seek […]
News Roundup
The front page of the News and Observer today reports that Assistant United States Attorney Jennifer May-Parker has been nominated by President Obama to serve as a federal district judge […]
Special Rules for the Admission of Hospital Medical Records
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in […]
Non-Officers Applying for Search Warrants
I’ve been asked several times recently whether people who are not sworn law-enforcement officers may apply for search warrants. Somewhat to my surprise, the answer is yes. Statutory analysis. For […]
PREA Part II: Overview of Substantive Standards
My last post discussed the applicability of the Prison Rape Elimination Act (PREA) to North Carolina’s jails. Today’s post looks at the substantive standards themselves. These are the standards with […]
Does the Prison Rape Elimination Act Apply to Local Jails?
I have been getting many questions lately about the applicability and impact of the federal Prison Rape Elimination Act, or PREA. Specifically, people want to know the extent to which […]
News Roundup
The Racial Justice Act is nearing repeal. Both chambers of the General Assembly have passed S 306, an omnibus capital punishment bill that does away with the Act. Governor McCrory […]
Jury Instructions for DWI
Forget all your legal training. Pretend you are a juror in a DWI case. Facts. The following facts were established at trial: The defendant was stopped at a checkpoint. The […]
Advising a Defendant of the Maximum Possible Sentence During a Habitual Felon Plea
When a defendant pleads guilty, the judge is required to “inform[] him of the maximum possible sentence” associated with his offense. G.S. 15A-1022(a)(6). When a defendant pleads guilty to being […]
Why Trafficking Really Bites
Drug trafficking offenses can lead to really long sentences, and not just because of the special minimums and maximums that apply to those crimes. Consider this example: My husband and […]