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 […]
News Roundup
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, […]
Can the State Obtain Appellate Review of a Judge’s Order Granting a Defendant’s MAR?
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 […]
Air Fresheners? You Betcha. Eating on the Go? Not So Much.
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 […]
North Carolina Has Its First Forfeiture by Wrongdoing Case
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 […]