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In my first two posts, I explored the Bryant opinions. Today I’ll discuss what the case means for confrontation clause analysis going forward. 1.      Although Crawford is intact, the Court […]

In my last post, I looked at the majority opinion in Bryant. Today, I’ll discuss the other opinions, focusing on Scalia’s dissent. In my final post on this issue, I’ll […]

On February 28, 2011, the United States Supreme Court decided Michigan v. Bryant, its latest Crawford case. In an opinion written by Justice Sotomayor, the Court held that a homicide […]

[Editor’s note: This is Bob’s first post. We’re excited to welcome him to the blog.] With the Governor’s signature on March 18, 2011, House Bill 3 became law (Session Law […]

The biggest news of the last few days, of course, is that Kyrie Irving is expected to return to the court when Duke plays Hampton this afternoon. (OK, the biggest […]

Under G.S. 15A-1345(e), a probationer is entitled at a probation violation hearing to “confront and cross-examine adverse witnesses unless the court finds good cause for not allowing confrontation.” What does […]

The Fourth Circuit recently decided a very interesting case with a lot of North Carolina connections. The case is United States v. Foster, and it’s available here. The facts were […]

Suppose that the state wants to introduce the defendant’s phone records, in order to show that he called the victim in violation of a DVPO. The state subpoenas the records, […]

I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree […]

Nationally, the biggest piece of criminal law news this week was that Illinois Governor Pat Quinn signed into law a bill that repeals the death penalty in Illinois. He also […]