Last week the court of appeals decided State v. Wagoner, its latest case involving satellite-based monitoring (SBM) of sex offenders. Mr. Wagoner, who had previously been convicted of multiple reportable […]
I am constantly amazed at the innovative work my colleagues are doing. A new and incredibly useful tool — but one that is not widely known — is Jessie Smith’s […]
Although there’s been a ton of relevant news since the last News Roundup, the most timely and interesting stories all relate to claims of actual innocence. To start with, Joseph […]
After my earlier post about nonstatutory aggravating factors, a reader took me up on my offer to write about nonstatutory mitigating factors. In addition to the twenty mitigating factors spelled […]
Last Friday, the North Carolina Supreme Court decided State v. Locklear, holding, in part, that a Crawford violation occurred when the trial court admitted opinion testimony regarding a victim’s cause […]
The state supreme court issued a batch of opinions last Friday, and while several of them are notable, the one that has received the most attention is Britt v. North […]
Our court system assumes that people can tell whether other people are telling the truth by evaluating the demeanor of the other people. This is true in a wide range […]
I’m working on revising Arrest Warrant and Indictment Forms, a manual that provides charging language for several hundred common offenses. In the course of working on language for possession of […]
If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]
I’ve received questions from both prosecutors and defense lawyers about whether and how the state can obtain a suspect’s — or a defendant’s — medical records when those records may […]