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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 […]
Jeff has written before about whether a traffic stop may be prolonged to allow time for a drug-sniffing dog to arrive on the scene and sniff about the car (which […]
Under the new Crawford confrontation clause analysis, testimonial hearsay statements by witnesses who do not appear at trial cannot be admitted unless the prosecution shows unavailability and a prior opportunity […]
The most prominent legal story this week has nothing to do with criminal law. The Supreme Court spent three days hearing oral argument on the constitutionality of President Obama’s health […]
One of the purposes for sentencing for impaired driving, like sentencing generally, is to rehabilitate offenders so that they may be restored to the community as lawful citizens. Cf. G.S. […]
George Zimmerman, a neighborhood watch volunteer in Sanford, Florida, recently shot and killed Trayvon Martin, an unarmed black 17-year-old who was walking through Zimmerman’s neighborhood. Martin was returning from a […]
In a post here discussing application of post-release supervision periods to multiple sentences Jamie raised the question of whether over-advising a defendant as to the maximum possible sentence associated with […]
The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in […]
The biggest legal news of the week may be the Supreme Court’s recognition of a right to the effective assistance of counsel during plea bargaining in Lafler v. Cooper and […]
Jeff wrote here about State v. Fields, ___ N.C. App. ___ (March 6, 2012), a case in which the officer’s observation of the defendant’s vehicle as moving within its lane […]