Previously, Jeff and I posted about the post-Melendez-Diaz decisions by the N.C. Court of Appeals in the Brennan and Brewington substitute analyst cases (those posts are available here, here, and […]
I used to answer this question “no.” But even though the United States Supreme Court recently said exactly that, see Maryland v. Shatzer, __ U.S. __, 130 S. Ct. 1213 […]
I was catching up on the Fourth Circuit’s recent opinions this weekend when I came across United States v. Luck. It raises some interesting issues that are not specific to […]
I regularly am asked questions about criminal case calendaring. There are relatively detailed statutory provisions regarding the calendaring of superior court cases. As to district court cases, however, the statutes […]
Back in March I wrote a post on restitution to government agencies, setting out the general rule in G.S. 15A-1340.37(c) that “[n]o government agency shall benefit by way of restitution except for […]
Suppose that David Defendant is charged with driving while impaired based upon an incident on in which he drove his car off the road and crashed into a tree. The […]
The court of appeals issued its decision yesterday in a case called State v. Miller. It answers a question I get asked a lot: Can an active sentence be served […]
I’m on vacation this week, so my blogging will be a little lighter fare than usual. Today, I thought I’d call attention to this article in the FBI Law Enforcement […]
The Supreme Court has been the subject of most of the interesting news over the past week or so. 1. The Court just finished the Term that began in October […]
Some crimes have their own sentencing regime—impaired driving, drug trafficking, and first-degree murder to name a few. There are also crimes that fall under Structured Sentencing but that also have […]