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 […]
News Roundup
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 […]
Credit for Inpatient Treatment in Impaired Driving Cases
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. […]
Two Thoughts about the Trayvon Martin/George Zimmerman Case
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 […]
Overstating Possible Punishment and the (In)voluntary Nature of the Plea
In a post here discussing application of post-release supervision periods to multiple sentences Jamie raised the question of whether over-advising a defendant as to the maximum possible sentence associated with […]
Ineffective Assistance and Plea Bargaining
The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in […]
News Roundup
The biggest legal news of the week may be the Supreme Court’s recognition of a right to the effective assistance of counsel during plea bargaining in Lafler v. Cooper and […]