Deferred Prosecution Probation
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 […]
Going Back to the Well, er, Magistrate
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 […]
Decriminalizing Certain Offenses to Reduce Appointed Counsel Costs
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 […]
News Roundup
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 […]
Visual Identification of Drugs Takes Another Hit
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 […]
Computer Searches and Plain View II
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 […]
High Court Declines to Revisit or Modify Melendez-Diaz
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 […]
Lee v. Gore and Checking the Box
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) […]
Package Deal Plea Bargains
The court of appeals decided State v. Salvetti this week. The case involves several interesting issues, but I want to focus on the court’s approval of “package deal” plea bargaining. […]
Improper Periods of Probation
I haven’t done any sort of official tally, but I think the most common sentencing error in North Carolina might be sentencing the defendant to an improper period of probation. […]