Statute of Limitations on Defense Motions for Appropriate Relief
I get asked a lot of questions about motions for appropriate relief (MARs). One common scenario is: Defendant was convicted of Crime X years ago and the sentence has been […]
Not Responsible for Broken Windshields
As I pulled out of the parking lot after work the other day, I found myself immediately behind a dump truck. On the back of the truck was the following […]
No High Court Ruling on Whether Two-Way Video Testimony Satisfies Crawford
Since the U.S. Supreme Court’s decision in Crawford v. Washington, interest has been growing in the use of two-way video testimony as a method to satisfy the confrontation clause when […]
News Roundup
The biggest headlines this week surrounded the confirmation of Elena Kagan as an Associate Justice of the United States Supreme Court. The New York Times has the basics here, and […]
Appealing Satellite-Based Monitoring Determinations
The court of appeals issued three opinions on Tuesday involving satellite-based monitoring (SBM) of sex offenders. In all three, offenders challenged trial court determinations that they had to enroll in […]
Discovery and Separate Sovereigns
Suppose that both the local police and the federal Drug Enforcement Administration suspect that Derek is selling drugs. The police are a step ahead, and they arrest Derek and charge […]
State v. Hopper: Public Streets and Motor Vehicle Regulation
Jeff wrote here about the court of appeals’ April 20, 2010 opinion in State v. Hopper (Hopper I), which analyzed when an officer’s mistaken beliefs can support an investigative stop. […]
Prosecutors’ Pay
I blogged about judges’ salaries here. An article in the USA Today this morning prompted me to think a little bit about prosecutors’ pay. The article, available here, reports on […]
News Roundup
The top of the news today is that the Attorney General has removed and reassigned SBI director Robin Pendergraft and has at least temporarily stopped the work of “bloodstain pattern […]
Can You Expunge a PJC?
I am sometimes asked if a conviction for which prayer for judgment has been continued (a PJC) can be expunged. It’s a sensible question, given—as I’ll discuss in a moment—that […]