The Supreme Court on Miranda: Shatzer and Powell
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 […]
Solicitation of a Child by Computer
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 […]
I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part II)
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 […]
I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part I)
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 […]
Strip Searches of Arrestees at the Jail
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 […]
News Roundup
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 […]
Must the State Produce Its Witnesses’ Criminal Records in Discovery?
I’ve been asked several times whether the state is required to provide the defense with the criminal record of the state’s witnesses. There are two possible justifications for such a […]
The “Battle” over Roadside Strip Searches
The Court of Appeals just decided State v. Battle, a case about roadside strip searches. It’s an important case for judges, lawyers, and especially officers. A confidential and reliable informant […]
Two New Publications, and a Big One Coming up
My colleague John Rubin recently completed two new papers that may be useful to you. The first is 2009 Legislation Affecting Criminal Law and Procedure. The name pretty much says […]
Unauthorized Access to a Computer
What does it mean to access a computer without authorization? It’s an important question. North Carolina’s computer crime statutes appear at G.S. 14-453 et seq. Among other things, the statutes […]