N.C. Court of Appeals Rules that Padilla Is Not Retroactive
In a post here, a former colleague [editor’s note: the post has my picture on it but as the byline notes, it was written by Sejal Zota] wrote about Padilla […]
News Roundup
I can’t stop writing about Fayetteville! The city council’s 120-day moratorium on consent searches by the police during traffic stops came under fire this week from several angles. First, the […]
The Statewide Misdemeanant Confinement Program
In this prior post, I wrote about how Justice Reinvestment changed the rules for determining where a person serves his or her sentence. Today’s post takes a closer look at […]
Interrogation in Jail or Prison Isn’t Always “Custodial”
Under Miranda v. Arizona, 384 U.S. 436 (1966), before an officer may begin a custodial interrogation of a suspect, the officer must advise the suspect of certain rights, such as […]
Consent DVPOs without Findings of Fact Are Void ab Initio
The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) […]
It’s Testimonial, Stupid
“It’s the economy, stupid,” was a catch phrase in Bill Clinton’s successful 1992 presidential campaign. I have my own catch phrase, but it’s for trying drug cases. Here it is: […]
News Roundup
There’s been a lot going on this week. The first evidentiary hearing under the Racial Justice Act has come to an end. The Fayetteville Observer reports on the parties’ closing […]
Coming Mbacke to an Old Topic: Vehicle Searches Incident to Arrest
The Supreme Court of North Carolina recently decided State v. Mbacke, an important case about searches incident to arrest. I mentioned Mbacke briefly in this prior post, which noted that […]
The Forcible Extraction of Blood in Impaired Driving Cases: How Much Force Is Too Much Force?
The lead story in the January 30, 2012 issue of North Carolina Lawyer’s Weekly was headlined “Necessary’s Restraint: The night police officer Richard Necessary sat on a drunk-driving suspect in […]
Restitution
Our appellate courts spend a lot of time writing about restitution. Consequently, so do I. Prior posts discuss some of the thornier restitution issues that come up from time to […]