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 […]
Use of a Defendant’s Pre- and Post-Arrest Silence at Trial
The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of […]
News Roundup
Last week’s top stories are still going, including litigation under the Racial Justice Act in Fayetteville. The Fayetteville Observer’s latest story is here, summarizing the testimony of the state’s statistician. […]
Passwords and the Fifth Amendment
Several years ago, I blogged about a case in which the government sought to compel a criminal defendant to provide the password to his encrypted computer, or at least, to […]
FAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
Warrantless Blood Draws and the Fourth Amendment (Again)
A recent en banc decision from the Supreme Court of Missouri adds to the growing divide among state appellate courts regarding whether the exigency created by the dissipation of blood-alcohol […]
What Does It Mean to “Enter”?
I’ll willing to bet that most of you sang these lyrics as a child: “You put your right hand in, You put your right hand out, You put your right […]
News Roundup
All roads lead to Fayetteville. Now, there’s a sentence I never thought I’d type. But this week, it’s true. Mainly, the first evidentiary hearing in a Racial Justice Act case […]
Consolidation Across Effective Dates
Many parts of the Justice Reinvestment Act, including most of the changes related to “front-end” sentencing, were made effective for offenses occurring on or after December 1, 2011. It takes […]
In the Matter of District Court Administrative Order
Among the opinions filed by the North Carolina Supreme Court last Friday was an order captioned “In the Matter of District Court Administrative Order.” Without providing any factual background regarding […]