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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]