New Structured Sentencing Handbook (January 23, 2014)
Jamie Markham
From 1995 to 2009, North Carolina had two sentencing grids—one for felonies, one for misdemeanors. That was it. Then the grid was amended in 2009. And 2011 (with special rules […]
Google Glass, Recordings, and the Law (January 22, 2014)
Jeff Welty
CNET is reporting that an Ohio man went to a movie theater wearing Google Glass. Halfway through Jack Ryan: Shadow Recruit, an FBI agent approached him, flashed a badge, took […]
Hearsay Exceptions: Then Existing Mental, Emotional, or Physical Condition (January 21, 2014)
Jessica Smith
I’ve previously blogged about hearsay exceptions for admissions by party-opponents (here), present sense impressions and excited utterances (here), and statements for purposes of medical diagnosis and treatment (here). In this […]
News Roundup (January 17, 2014)
Jeff Welty
The biggest national story this week is the just-completed execution of Dennis McGuire by the state of Ohio. Because the state was not able to procure pentobarbital, a drug historically […]
The Bill for Driving While Impaired (January 16, 2014)
Shea Denning
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
Waiving Community Service Fees (January 15, 2014)
Jamie Markham
May community service fees be waived? I suspect some of you are thinking “I hope so, because they just were,” or something along those lines. It turns out to be […]
Booking Fees (January 14, 2014)
Jeff Welty
The Seventh Circuit just ruled that the $30 booking fee charged to each arrestee in an Illinois town is constitutional. Markadonatos v. Village of Woodridge, __ F.3d __, 2014 WL […]
2013 Wrap Up: Significant SCOTUS Cases (January 13, 2014)
Jessica Smith
Wondering what the key cases were in 2013? Here’s my list, for criminal lawyers practicing in state courts. Want more information? All of the cases are summarized in greater detail […]
News Roundup (January 10, 2014)
Jeff Welty
The new year is off to an interesting start. Here are some of the week’s top developments: Wake County DA not seeking re-election. Wake County District Attorney Colon Willoughby has […]
Trial Priority for DWI Cases and Motions to Dismiss (January 9, 2014)
Shea Denning
Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. […]