News Roundup
The trial of former Senator John Edwards has begun in federal court in Greensboro. In the federal cases I tried, jury selection took about as long as it takes me […]
Sufficient or Insufficient?
Under G.S. 14-208.18, it is a crime for certain sex offenders “to knowingly be at” certain locations, including “[o]n the premises of any place intended primarily for the use, care, […]
Providing Notice of Implied Consent Rights to a Deaf Defendant
Several earlier posts address the requirement that a defendant be notified of statutory rights related to implied consent testing before being requested to submit to a test of his breath, […]
Does Brady Apply After a Conviction?
Everyone knows that under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor must disclose material exculpatory or mitigating evidence to the defense. But does Brady apply only prior to […]
A Defense Win on a Newly Discovered Evidence Claim
I’m guessing that the criminal defense bar thinks that they have more strikes than hits in post-conviction proceedings. But a recent Court of Appeals case reminds us that it is […]
News Roundup
In Chapel Hill, the start of the John Edwards trial is big news. The News and Observer covers the beginning of jury selection here, and has an interesting story on […]
Silence Is Golden: the Withdrawal of Zimmerman’s Attorneys
Although the big news today in the George Zimmerman/Trayvon Martin case is that Zimmerman has been charged with second-degree murder, I want to focus on something that happened earlier in […]
Re-sentencing under G.S. 20-38.7: Who Gets It and What’s Game for Consideration?
I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape […]
A Motion to Suppress a Prior Conviction Isn’t a Collateral Attack
You can’t always get what you want But if you try sometimes you might find You get what you need –The Rolling Stones It’s generally understood that a criminal defendant […]
Stalking Statute Not Unconstitutionally Vague
The Fourth Circuit recently rejected a vagueness challenge to the federal stalking statute. Because of the similarity between the federal statute and North Carolina’s stalking law, I thought the decision […]