News Roundup
What a week! The news stories just kept coming. It started off over the weekend, when the News and Observer published this interesting article about upcoming appellate arguments over the […]
The Sexual Assault Exception to the “Bare Fact” Rule
Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of […]
Assaults: One Conviction or Two?
Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory […]
Revocation-Proof Convictions
According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before […]
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 […]