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The United States Supreme Court decided Missouri v McNeely yesterday, holding that in impaired driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in […]
Evidence Rule 404(b) allows for the admission of evidence of other crimes, wrongs, or acts for purposes other than propensity, such as proving motive, opportunity, intent, preparation or plan. In […]
The finish line of the Boston Marathon was rocked by two bombs early yesterday afternoon. At least three people were killed, including an eight-year-old boy, and well over 100 were […]
Suppose that Dan shoots Victor on January 1, and that Victor dies from his wounds, but not until January 3. When a magistrate issues an arrest warrant, or the grand […]
I’ve been busy with New Prosecutors’ School this week. As always, it has been humbling and inspiring. But the world didn’t stop turning. Here are some of the week’s top […]
I recently completed a draft of a bulletin on probation violations. It is working its way through our internal review process. In the meantime, I thought I would post it […]
I recently published a lengthy paper here examining the constitutionality of remote testimony in criminal trials under Crawford and the confrontation clause. In that paper I noted that the North […]
Suppose a police officer patrolling a city street lawfully pulls over a car with out-of-state tags. When the officer asks the driver for his driver’s license, the driver tells the […]
Who proves prior convictions for sentencing purposes? By statute, the State. Sometimes, however, in the fast-paced world of district court, marshaling a defendant’s criminal record can seem like a shared […]
There’s been way more than the usual amount of interesting criminal law news this week, so let’s dive right in: The General Assembly has been busy. The Senate passed a […]