It is a regular condition of probation that a probationer must “commit no criminal offense in any jurisdiction.” G.S. 15A-1343(b)(1). The condition is straightforward enough in theory, but it raises […]
I just read this article, which cites a new study in support of the claim that “blogging is quickly becoming the thing that un-hip old people do.” Ouch! Apparently, hip […]
The court of appeals just decided State v. Hernandez, which raises an important and recurrent hearsay issue. Briefly, the facts of Hernandez are as follows: the defendant traveled with his […]
Under G.S. 15A-1341(a1), certain defendants may, with court approval, be placed on probation pursuant to a deferred prosecution agreement. To be eligible for this type of deferred prosecution the defendant […]
I’ve been asked several times recently whether an officer who asks a magistrate to issue an arrest warrant and is turned down based on a lack of probable cause can […]
The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of […]
Because a snowstorm is supposed to trap many of us in our homes this weekend, I thought I’d highlight some news items that may be of interest. 1. Judges Wynn […]
Update: On February 16, the North Carolina Court of Appeals issued an opinion in State v. Davis, in which law enforcement officers were allowed to offer lay testimony without objection […]
When a law enforcement officer is entitled to search a computer for evidence, she typically is entitled to look at every file on the computer, at least briefly. That’s because […]
On June 25, 2009, the United States Supreme Court issued its decision in Melendez-Diaz v. Massachusetts, holding that forensic laboratory reports are testimonial and thus subject to the new Crawford […]