State v. Byrd and Violations of DVPOs

Editor’s note: Several readers have reported technical difficulties with the blog. I’m trying to solve the problem, but in the meantime, (1) it seems to be limited to users of Microsoft Internet Explorer, so using a different browser may help, and (2) the last two days’ posts should be viewable here and here. My apologies. … Read more

Pedophilia and Probable Cause

I’m getting ready to teach a session at the Superior Court Judges’ Conference about searches of computers and other electronic devices, so I’ve been reading all the computer search cases I can get my hands on. Recently, I stumbled on United States v. Crespo-Rios, __ F. Supp. 2d __, 2009 WL 1595463 (D. Puerto Rico … Read more

Concurrent and Consecutive Sentences Upon Revocation of Probation

Under G.S. 15A-1344(d), a “sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant is subject during that period unless the revoking judge specifies that it is to run consecutively with the other period.” In State … Read more

News Roundup

North Carolina has been all over the web recently. The News and Observer’s habitual felon article, which I discussed in a previous post, has made a splash on several of the most-read criminal law blogs — here and here (both links involve some scrolling) — with some of the reaction being positive, and some less … Read more

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Post-Conviction DNA Testing Heats Up

Editor’s note: A previous post concerning a United States Supreme Court case about post-conviction DNA testing appears here. Recently, I’ve been getting a lot of calls about requests for post-conviction DNA testing. Since there seems to be a bit of confusion about how these requests should be made and handled, I thought it might be … Read more

Selective Assertion of the Fifth Amendment Privilege

Suppose that an eyewitness testifies for the state on direct examination that he saw the defendant snatch an old woman’s purse and run off. The defense cross-examines the witness about whether he’d used drugs shortly before the crime took place, hoping to show that the witness’s perception was impaired. If the witness asserts his Fifth … Read more

Good Fences Make Good Neighbors

The Court of Appeals released several opinions yesterday. The most significant may be State v. Wallace, an assault case involving remarkable and disturbing facts and difficult legal questions. The victim, a 79-year-old man, and one of the defendants, a 66-year-old woman, became neighbors when the victim sold the defendant some of his land. A boundary … Read more