The “Explains Conduct” Non-Hearsay Purpose
Most readers of this blog know that hearsay evidence, meaning an out-of-court statement “offered in evidence to prove the truth of the matter asserted,” N.C. R. Evid. 801(c), is presumptively […]
Waivers in Plea Agreements
When a defendant pleads guilty, he waives a variety of rights, including the right to a trial, the right to confront the witnesses against him, and so on. The waiver […]
Proper Notice for SBM Determinations: State v. Stines
I mentioned earlier that the court of appeals decided two satellite-based monitoring cases this week. I discussed State v. Morrow on Wednesday. Today I’ll cover State v. Stines. In Stines, […]
News Roundup
It’s time to round up some news. First, the News and Observer recently commented on President Obama’s failure to nominate any additional North Carolinians for the Fourth Circuit — a […]
More Satellite-Based Monitoring Cases, Another Dissent
It seems like every batch of new opinions from the court of appeals includes at least one case on satellite-based monitoring (SBM) of sex offenders. Yesterday’s batch had two. State […]
Orders for Arrest after Indictment
After a grand jury returns a true bill of indictment, should an order for arrest (OFA) issue as a matter of course? Looking at the OFA form, you might think […]
Compensation for the Wrongly Convicted
The News and Observer reported last week that Alan Gell will receive $3.9 million from the SBI. Most readers probably know the basics about the Gell case: he was convicted […]
I’m Ready to Conduct a Satellite Monitoring Determination Hearing . . . Now What?
Regular readers know the court of appeals has decided a lot of cases recently dealing with satellite-based monitoring (SBM) of sex offenders. Though many issues remain undecided, my sense is […]
Supreme Court Preview
The United States Supreme Court starts its Term each year on the first Monday in October. This year’s Term begins next Monday, October 5! The Court will start off with […]
Extending Probation
How long can a defendant be on probation for a single conviction? A. Five years. B. Eight years. C. It depends. The best answer is C. A judge can sentence […]