Supreme Court Update
Today, I wanted to note two timely and interesting items concerning the United States Supreme Court. First, the Court just granted certiorari in Chaidez v. United States, a case that […]
Child Victims and the Medical Diagnosis and Treatment Hearsay Exception
Child victim cases often present an array of challenging evidence issues. In a paper here I addressed many of those issues. One common question that folks contact me about is […]
News Roundup
This has been a busy but inspiring week for me, as we have had over 40 new prosecutors here at the School of Government for training. It is always a […]
Men Behaving Very Badly
As part of its ongoing coverage of the John Edwards trial, The News and Observer reported today that Edwards’ lawyer cross-examined former Edwards aide Andrew Young by reading from pages […]
Advanced (Un)Supervised Release
In this earlier post I wrote about Advanced Supervised Release (ASR), a new program created by the Justice Reinvestment Act (JRA) that allows certain defendants to be released from prison […]
First Ruling Under the Racial Justice Act
Last Friday, Cumberland County Senior Resident Superior Court Judge Greg Weeks issued the first merits ruling on a claim under the Racial Justice Act (“RJA”), G.S. 15A-2010 et seq. Judge […]
Is Kenton Retroactive?
In a post here, Jeff wrote about the N.C. Court of Appeals decision in Kenton v. Kenton, holding that a consent domestic violence protective order (DVPO) lacking any finding that […]
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, or supervision of minors.” The court of appeals recently decided State v. Harris, a case concerning an indictment for that offense. The court’s opinion makes some interesting points, so I’ll set out the indictment, and then administer a quiz. The indictment alleged that the defendant did unlawfully, willfully and feloniously on the premises of Winget Park Elementary School, located at . . . Charlotte, North Carolina. A place intended primarily for the use, care, or supervision of minors and defendant is a registered sex offender. On appeal, the defendant identified several alleged defects in the indictment. So here’s the quiz: which of the following problems, if any, did the court of appeals view as requiring relief for the defendant?
a. The omission of “go” or “be” from the phrase “did unlawfully, willfully and feloniously on the premises
b. The failure to allege “knowingly,” which is the mens rea term used in G.S. 14-208.18
c. The lack of any antecedent for the phrase “[a] place intended primarily for the use, care, or supervision of minors”
d. The failure to specify that the defendant’s reportable conviction was for an offense in Article 7A of Chapter 14
e. None of the above, the court determined that the indictment was sufficient
The answer is after the break.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, […]