Electing to Serve a Sentence
Suppose a defendant is convicted of a crime and the judge wants to (or, in a “C” or “C/I” cell in the sentencing grid, has to) suspend the sentence. Can […]
Galindo and “Substitute Analysts” After Melendez-Diaz
On October 20, 2009, the North Carolina Court of Appeals decided State v. Galindo, holding that a Crawford violation occurred when the State’s expert gave an opinion, in a drug […]
Should Child Pornography Offenders Forfeit Their Homes?
I’ll get to the topic of today’s post in just a moment, but first I wanted to note what I found to be a fascinating little tidbit about the Willingham […]
News Roundup
The criminal-law-related legal news has been coming fast and furious over the past week or so. 1. The fallout from the Bowden case continues. The case, discussed here, held that […]
Larceny: Spouse vs. Spouse Edition
I was recently asked whether one spouse can properly be charged with larceny for stealing joint property from the other spouse. Apparently, this question comes up frequently with separated spouses. […]
Does Mandatory AA/NA Violate the First Amendment?
The First Amendment says, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” There are two […]
All You Ever Wanted to Knoll, But Were Afraid to Ask
My colleague Shea Denning, a frequent contributor to this blog in the area of motor vehicle law, has put together the ultimate authority on all things related to State v. […]
Sealing Warrants
by School of Government faculty member Michael Crowell In the last couple of years North Carolina has seen several high profile cases in which the sealing of a search warrant […]
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 […]