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 […]
Eating the Evidence
Eating the evidence might yield a stomach ache but it won’t ensure an acquittal. That is the lesson learned from State v. James, a case recently decided by the N.C. […]
Jury Sequestration
These days, it seems as though there’s a trial of the century every week or two. Media coverage of court proceedings has never been more intense, even with Nancy Grace […]
The Link Between License Revocations and Failures to Appear
In 1985, the General Assembly reclassified certain minor traffic violations as a new type of non-criminal violation, termed an infraction. S.L. 1985-764. Though the legislation provided that infractions were to […]
News Roundup
According to a recent AP poll, discussed here, only 8% of Americans said that they felt very confident about the “people who are running” blogs, while 47% lacked confidence in […]
Willfulness of Probation Violations
It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]
A Trap for the Unwary Prosecutor
In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ […]
Out-of-State Requests for in-State Medical Records
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records […]
The Skinny on Substance Abuse Assessment and Treatment for DWI Offenders
When a person’s license is revoked for certain offenses involving impaired driving, the person must, before his or her license may be restored, obtain a substance abuse assessment and complete […]
News Roundup
The top story of the week was really several stories — the News and Observer’s three-piece series on Tracey Cline, the District Attorney in Durham County. As a Durham voter, […]