Jury Review of the Evidence: Say the Magic Words!
In a post here I discussed the procedure a trial judge should follow when a deliberating jury asks to review evidence. In that post I noted that the judge must […]
Open Carry
Do law-abiding North Carolina residents have a right to carry a gun openly in public? Generally, yes. Federal constitutional right? The Supreme Court has recently ruled that the Second Amendment […]
Continuing DWI Cases So the Analyst Can Appear
Trial courts may ultimately control their calendars, but there certainly is some power-sharing along the way. The constraints on a trial district court’s authority to manage the flow of litigation are […]
News Roundup
The federal government’s “sequester,” a package of across-the-board budget cuts, starts today. Federal criminal justice agencies like the Bureau of Prisons aren’t happy about it. As NPR summarizes, “[c]orrections officers […]
Another Salvo in the District Court Calendar Wars
In State v. Friend, ___ N.C. App. ___, 724 S.E.2d 85 (2012), the Court of Appeals addressed the district court’s authority when, after the court refuses to allow a continuance, […]
The Post-Release Supervision Violation Hearing Process in a Nutshell
As expected, the number of people on post-release supervision (PRS) is on the rise. After Justice Reinvestment, all felons with offense dates on or after December 1, 2011 who serve […]
U.S Supreme Court Declines to Extend Officer’s Detention Authority Incident to Execution of Search Warrant Beyond Immediate Vicinity of Premises
In Michigan v. Summers, 452 U.S. 692 (1981), the U.S. Supreme Court upheld an officer’s authority under the Fourth Amendment to detain—without reasonable suspicion or probable cause—people at a residence […]
Making Marijuana the Lowest Law Enforcement Priority
Last week, a legislative committee at the General Assembly rejected a bill that would have permitted medicinal use of marijuana. The News and Observer covered the story here, and the […]
News Roundup
For the first time ever, the North Carolina Prosecutors’ Trial Manual is available to the general public for purchase from the School of Government bookstore. The brand-new Fifth Edition, completely […]
U.S. Supreme Court Ruling: Padilla Is Not Retroactive
The U.S. Supreme Court recently decided Chaidez v. United States, 568 U.S. __ (Feb. 20, 2013), holding that Padilla v. Kentucky, 559 U. S. ___ (2010), isn’t retroactive. Padilla held […]