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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, […]
Everyone knows that under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor must disclose material exculpatory or mitigating evidence to the defense. But does Brady apply only prior to […]
I’m guessing that the criminal defense bar thinks that they have more strikes than hits in post-conviction proceedings. But a recent Court of Appeals case reminds us that it is […]
In Chapel Hill, the start of the John Edwards trial is big news. The News and Observer covers the beginning of jury selection here, and has an interesting story on […]
Although the big news today in the George Zimmerman/Trayvon Martin case is that Zimmerman has been charged with second-degree murder, I want to focus on something that happened earlier in […]
I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape […]
You can’t always get what you want But if you try sometimes you might find You get what you need –The Rolling Stones It’s generally understood that a criminal defendant […]
The Fourth Circuit recently rejected a vagueness challenge to the federal stalking statute. Because of the similarity between the federal statute and North Carolina’s stalking law, I thought the decision […]
Since tomorrow’s a holiday, I’m rounding up the news today. Far and away my favorite story of the week involves the near-arrest of Batman. Holy caped crusader! The initial story, […]
I’ve been asked a couple of times recently whether the state can obtain appellate review of a judge’s order granting a defendant’s motion for appropriate relief, or MAR. The questions […]