The Cook Case and the Right of Allocution
I don’t generally write about pending cases. But the high-profile homicide trial of Raymond Cook has recently wrapped up, and there’s a discrete aspect of the case that I found […]
News Roundup
With the General Assembly in session and the Supreme Court in term, each week brings a flood of interesting news. The top story this week was probably the Court’s decision […]
Where Are We with Drug ID?
Jeff wrote last June about the North Carolina Supreme Court’s opinion in State v. Ward, which held that the trial court abused its discretion by permitting an expert chemist to […]
Class H and I Felonies in District Court
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law […]
Trial in the Defendant’s Absence
[Editor’s note: Sorry there was no post yesterday. I was out of town and had technical trouble that made it impossible to access the blog.] Can a defendant be tried […]
News Roundup
Lots of news again this week. 1. The News and Observer ran this story, the opening line of which is “[e]very case former State Bureau of Investigation Agent Duane Deaver […]
Eyeglasses, Dress Clothes, and Tattoos
According to this recent article in the ABA Journal, criminal defense lawyers “[i]ncreasingly . . . are asking their clients to wear glasses during jury trials,” believing that juries will […]
Reduction or Dismissal of Charges in Implied Consent Cases
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]
Miranda and Field Sobriety Tests
Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]
Knowingly Exposing Others to Communicable Diseases
Suppose that A, who has HIV and knows it, has unprotected sex with B, who doesn’t have HIV. A doesn’t warn B. Has A committed a crime? Yes. At a […]