A UNC School of Government Blog
A number of interesting news stories have appeared over the past week or so: 1. In the aftermath of the Greg Taylor case, the News and Observer reports that the SBI “will examine thousands of old cases analyzed in its forensic lab two decades ago to look for crucial evidence that may have been withheld … Read more
Who has the final say about whether to strike a prospective juror – the defendant or his lawyer? That’s the question addressed by the court of appeals today in State v. Freeman. The defendant in Freeman was charged with murder. During jury selection, the defendant and his attorney disagreed about whether to use a peremptory … Read more
Defendants sometimes argue, usually in sexual assault cases, that the complaining witness should not be called a “victim” during court proceedings. The basis of the argument is that using that term assumes the very fact to be proved, namely, the the defendant committed a crime against the complainant. Several courts around the country have accepted … Read more
It was a busy week at the U.S. Supreme Court. Among other things, the Justices issued the two Miranda opinions Jeff wrote about yesterday and heard oral argument in two cases considering whether federal sex offender laws violate the Ex Post Facto Clause (Carr v. United States and United States v. Marcus). A summary disposition … Read more
The United States Supreme Court has decided two Miranda cases in the past two days. The prosecution won both cases. Tuesday, the Court decided Florida v. Powell. In Powell, the defendant was arrested, apparently for robbery. Before questioning him, the police told him, inter alia, that “[y]ou have the right to talk to a lawyer … Read more
When a person over 16, using a computer or other electronic device, and with the “intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands” a person under 16 and at least five years younger than the first person to meet for the purpose of committing an unlawful sex act, the first … Read more
Recall from yesterday’s post that we are considering the following scenario: Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is a prior conviction level III and has previously violated probation, the judge imposes an … Read more
Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is a prior conviction level III and has previously violated probation, the judge imposes an active sentence of 120 days. Jones enters notice of appeal in … Read more
Jeff wrote earlier this week about roadside strip searches. Today’s post is about strip searches of arrestees as they are booked into the jail. The longstanding rule regarding searches of arrestees as they are processed into the jail is that they may not be strip searched without reasonable suspicion that they are concealing a weapon … Read more
I am dumbfounded by the rapid pace of criminal law news over the past week or so. Some news items that may be of interest: 1. Unless you’ve sworn off TV, radio, the internet, and all communication with your fellow humans, you probably know that a three-judge panel in Wake County exonerated Greg Taylor this … Read more