Now Where Are We with Drug ID?
Several earlier posts (here, here, here and here) and this article discuss the North Carolina Supreme Court’s ruling in State v. Ward, 364 N.C. 133 (2010), that the identification of […]
Pretrial Release — Part 1: Who Gets Conditions?
Pretrial release didn’t used to be complicated. But over the last 10 years or so that’s changed, with the addition of exceptions and special procedures. In a series of posts, […]
News Roundup
Happy belated Bill of Rights Day! The end of the year is supposed to be slow, but this week has been completely full of criminal justice news. Among the major […]
New Version of Arrest, Search, and Investigation Now Available
I can’t count how many times I’ve been asked when there will be a new edition of Arrest, Search, and Investigation in North Carolina. Ask no more: the Fourth Edition […]
Unavailability under Crawford
Under the new Crawford confrontation clause test, testimonial hearsay statements by declarants who do not testify at trial may not be admitted unless the declarant is unavailable and there has […]
Gang Signs
A caller recently asked me whether it is a crime to use gang signs. First, some background. According to one gang expert, “each gang has their own gang hand signs […]
Use of Force Experts
A couple of months ago, the court of appeals decided State v. McDowell, __ N.C. App. __, 715 S.E.2d 602 (2011). The defendant was convicted of first-degree murder notwithstanding his […]
News Roundup
Charlotte’s got banking, Asheville’s got mountains, and Eastern North Carolina has the beach, but right now, the Triangle has criminal justice stories in spades. In Orange County, the taking of […]
New Sentencing Grid(s) Available
The North Carolina Sentencing and Policy Advisory Commission recently posted online the new felony sentencing grid effective for offenses committed on or after December 1, 2011. The chart is available […]
Is the Translation or Interpretation of Another’s Statements Hearsay?
Suppose a person who speaks only Spanish is stopped on suspicion of impaired driving by two officers, Officer A and Officer B. Officer A speaks and understands only English. Officer […]