Big News about Law Enforcement Access to Email
I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law […]
Improper Consideration at Sentencing of a Defendant’s Decision to Go to Trial
A trial court is free to consider all kinds of information about a defendant when deciding on a sentence. See State v. Pope, 257 N.C. 326 (1962) (“[I]t would not […]
Parking Enforcement: Civil Penalties, Infractions and Wheel Locks
The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side […]
Promises, Promises
An involuntary confession can’t be used against a defendant at trial, not even to impeach him if he testifies. See, e.g., Mincey v. Arizona, 437 U.S. 385 (1978). Whether a […]
Mistake of Fact: A Negating Defense
When a defendant introduces evidence at trial showing that the State has failed to prove some element of the crime, the strategy is sometimes described as a failure of proof […]
State v. Daniel Tees Up An Analysis of Prejudice
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
Sex Offender Registration as a Bargaining Chip
I am sometimes asked if a defendant convicted of a reportable sex crime can plea bargain his or her way out of the obligation to register. I have also been […]
Is the Use of a Blue Light a Show of Authority?
Today, the court of appeals decided State v. Baker. Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it […]
State v. Davis: Rule 404(b) and Remote Convictions
I wrote here about the court of appeals’ recent ruling in State v. Davis that expert testimony calculating the defendant’s alcohol concentration based on odor alone was improperly admitted at […]
News Roundup
The top story of the week is the controversy surrounding the new ban on electronic sweepstakes. I posted about it yesterday, and after my initial post, the Attorney General issued […]