The Supreme Court on GPS Tracking: U.S. v. Jones
Yesterday, the United States Supreme Court decided United States v. Jones, the important GPS tracking case I previously blogged about here. (The case was captioned United States v. Maynard at […]
Defending Santa: Is It a “Breaking” to Enter Through an Open Chimney?
Now that Christmas is over, Santa’s cases are coming on for trial. He’s accused of multiple counts of burglary. We already know the facts: He entered dwellings at night, using […]
News Roundup
Monday was Martin Luther King Jr. Day. To commemorate the occasion, National Public Radio’s Fresh Air broadcast this interview with Ohio State University law professor Michelle Alexander, author of The […]
Pretrial Release – Part 4: Refusal to Provide Identification & Noncitizens
In the last in this series of posts on pretrial release I’ll address two issues that continue to create problems for judicial officials: defendants who refuse to identify themselves and […]
Electing to Serve a Sentence after Justice Reinvestment
Some criminal defendants just want to serve their time. There a variety of reasons for that. Sometimes they are facing active time for another conviction and hope the new sentence […]
What’s In a Name?
In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering […]
News Roundup
There was some serious legal news this week, like the issuance of the Supreme Court’s recent Brady decision, Smith v. Cain, and the Court’s decision to grant certiorari in the […]
Satellite-Based Monitoring Update
It’s been a while since I wrote anything about satellite-based monitoring (SBM) of sex offenders. A recent case from the court of appeals provides a nice opportunity for an update. […]
Run and You’re Done — Part 2
Part I of this post ended by noting that, like the racing forfeiture provisions in G.S. 20-141.3—and unlike the DWI seizure and forfeiture laws—the new felony speeding to elude seizure […]
Run and You’re Done — Part 1
My nomination for catchiest short title of the 2011 legislative session goes to House Bill 427, enrolled and chaptered as S.L. 2011-271, and short-titled “Run and You’re Done.” The aptly […]