Where to Serve a Sentence
Under existing law, the basic rules for where a sentence should be served are as follows: Misdemeanors, 90 days or less. If a sentence imposed for a misdemeanor is 90 […]
Is Padilla Retroactive?
In a post here [editor’s note: the post shows up with my picture for technical reasons, but it was written by Sejal Zota], a former colleague discussed Padilla v. Kentucky, […]
First Monday: Supreme Court Preview
Under 28 U.S.C. § 2, The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and […]
News Roundup
No single story dominated the criminal law world this week, but that doesn’t mean that it was a dull week by any stretch of the imagination. 1. The News and […]
Empty Your Pockets
Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so […]
You Can Hold Me Down: Restraining the Defendant During Trial
In Stone Free, Jimi Hendix sang: “You can’t hold me down.” Perhaps it’s no surprise but criminal procedure doesn’t conform to Hendrix’s lyrics. As illustrated by the recent case State […]
Per se impairment, reasonable doubt, margins of error, and all that lies between
G.S. 20-138.1(a)(2) prohibits a person from driving a vehicle upon a highway, street or public vehicular area after having consumed sufficient alcohol that the person has, at any relevant time […]
Guns in Parks
I’ve had a huge number of calls about one particular aspect of S.L. 2011-268, the omnibus gun rights bill enacted during the recently completed legislative session. The provision in question […]
News Roundup
The national media has been buzzing all week about the execution of Troy Davis in Georgia. Davis was convicted of killing off-duty police officer Mark MacPhail. I haven’t followed the […]
Advanced Supervised Release
The Justice Reinvestment Act (S.L. 2011-192) creates a new program called Advanced Supervised Release (ASR). Through it, certain inmates will be eligible for release from prison before serving their minimum […]