All You Need to Know about Automatism
The automatism defense is discussed briefly on page 14 of the current version of North Carolina Crimes. Because I’ve had a couple of questions about it, I thought I’d write […]
News Roundup
The hottest topic of the week — aside from the gripping Duke/UNC basketball game on Wednesday night — was certainly the hearing in Forsyth County about the constitutionality of the […]
Two-Way Remote Testimony: Will It Pass Muster? (Part III)
In my first post on this topic, I set the stage for a discussion about the constitutionality of remote two-way testimony. In my second post, I explored the legal authority […]
Two-Way Remote Testimony: Will It Pass Muster? (Part II)
In my last post, I set the stage for a discussion about the constitutionality of remote two-way testimony. In this post I will explore the authority bearing on that question. […]
Two-Way Remote Testimony: Will It Pass Muster? (Part I)
Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy […]
Old 404(b) Evidence in Sexual Assault Cases
I’m preparing to teach a session during which I’ll cover the use of Rule 404(b) evidence in sexual assault cases. (As most readers of this blog know, Rule 404(b) evidence […]
News Roundup
Several stories appeared this week that may be of interest: 1. The News and Observer ran this article, headlined “Lawyers Take on Net Predator Law,” about defense attorneys’ efforts to […]
License Forfeitures Under G.S. 15A-1331A
North Carolina’s prisons are crowded now, but they were really crowded in the early 1990s. To keep the system functioning, the state ramped up the rules for sentence reduction credit […]
Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part II)
Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]
Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part I)
Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked […]