Diminished Capacity (January 15, 2013)
Jeff Welty
Diminished capacity is among the most commonly asserted defenses, particularly in first-degree murder cases, but I realized yesterday that I had never blogged about it. Today, I will remedy that. […]
Portion of Sex Offender Premises Restriction Held Unconstitutional (January 14, 2013)
Jamie Markham
Happy New Year! I feel like I spent most of 2012 talking about Justice Reinvestment. Let’s start 2013 with a more agreeable subject—like sex offenders. In one of its final […]
News Roundup (January 11, 2013)
Jeff Welty
New Governor Pat McCrory may be more focused on economic policy than on the courts and criminal justice, but he’s still done several things in his first days in office […]
Jury View (January 10, 2013)
Jessica Smith
In a post here I discussed a view of the person. In this post I’ll address the more common issue of a jury view. A trial judge may allow a […]
The Supreme Court on Competency and Collateral Review (January 9, 2013)
Jeff Welty
Yesterday, the United States Supreme Court decided an important competency case. Let’s start the discussion with a quiz. Which of the following statements is true? a. A trial may be […]
Terms of Office for Appointed Appellate Judges (January 8, 2013)
James Drennan
[Editor’s note: Today we welcome Jim Drennan to the blog. Jim has been here at the School of Government for almost 40 years, though he took a couple of years […]
A Horse Is a Horse, of Course. But Is It Also a Vehicle? (January 7, 2013)
Shea Denning
Horses are vehicles, according to our state court of appeals. In State v. Dellinger, 73 N.C. App. 685 (1985), the court upheld the defendant’s conviction for impaired driving based upon […]
News Roundup (January 4, 2013)
Jeff Welty
The New Year is off and running. Yesterday was the day the mandate issued on the Hest Technologies video sweepstakes case, which I previously summarized here. That means that law […]
Requiring the Defendant to Pose for the Jury (January 3, 2013)
Jessica Smith
Suppose in a robbery case that the State asks the defendant–who does not plan to testify–to stand in the courtroom wearing a mask allegedly worn by the robber. The defense […]
New Year’s Resolutions (January 2, 2013)
Jeff Welty
Still trying to decide what you should commit to doing in the new year? Regular programming returns tomorrow, but for today, I thought that I would suggest some possible criminal-law-related […]