A UNC School of Government Blog
Since tomorrow’s a holiday, I’m rounding up the news today. Far and away my favorite story of the week involves the near-arrest of Batman. Holy caped crusader! The initial story, here, notes that a man dressed as Batman and driving a black Lamborghini was stopped for speeding on I-270 near Silver Spring, Maryland. The follow-up … Read more
I’ve been asked a couple of times recently whether the state can obtain appellate review of a judge’s order granting a defendant’s motion for appropriate relief, or MAR. The questions have come up in the context of superior court proceedings, so that’s what this post will address. The answer might be different for district court … Read more
Jeff has written before about whether a traffic stop may be prolonged to allow time for a drug-sniffing dog to arrive on the scene and sniff about the car (which itself is not a Fourth Amendment search, see Illinois v. Caballes, 543 U.S. 405, 409 (2005)). As Jeff noted in his paper, it is unclear … Read more
Under the new Crawford confrontation clause analysis, testimonial hearsay statements by witnesses who do not appear at trial cannot be admitted unless the prosecution shows unavailability and a prior opportunity for cross-examination. As discussed in more detail in my paper here, the U.S. Supreme Court has recognized a forfeiture by wrongdoing exception to the Crawford … Read more
The most prominent legal story this week has nothing to do with criminal law. The Supreme Court spent three days hearing oral argument on the constitutionality of President Obama’s health care reform law. Two things unrelated to the merits of the case intrigue me. First, lots of pundits think that at least a portion of … Read more
One of the purposes for sentencing for impaired driving, like sentencing generally, is to rehabilitate offenders so that they may be restored to the community as lawful citizens. Cf. G.S. 15A-1340.12. The rehabilitative aims of the sentencing scheme for impaired driving are evident in the requirement that offenders obtain substance abuse assessment at treatment as … Read more
George Zimmerman, a neighborhood watch volunteer in Sanford, Florida, recently shot and killed Trayvon Martin, an unarmed black 17-year-old who was walking through Zimmerman’s neighborhood. Martin was returning from a convenience store to the home of his father’s fiancee. The shooting has been in the news so much, and has stirred such strong emotions, that … Read more
In a post here discussing application of post-release supervision periods to multiple sentences Jamie raised the question of whether over-advising a defendant as to the maximum possible sentence associated with pending charges can undercut the knowing, voluntary and intelligent nature of a plea. Let’s recap the issue. Suppose a defendant is contemplating pleading guilty to … Read more
The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in the media. Locally, they were featured on front page of the News and Observer. Nationally, they’ve been the talk of the New York Times and … Read more
The biggest legal news of the week may be the Supreme Court’s recognition of a right to the effective assistance of counsel during plea bargaining in Lafler v. Cooper and Missouri v. Frye. I previewed Lafler here, and plan to do a detailed analysis of the cases next week. For now, suffice it to say … Read more