Legislative “Fix” for State v. Byrd
Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more […]
Satellite-Based Monitoring and State v. Kilby
by School of Government faculty member Jamie Markham There are two categories of sex offenders subject to satellite-based monitoring: those subject to lifetime monitoring, and those subject to monitoring for […]
The Gates Case and North Carolina Law
I am reluctant to dip my toes into the waters of controversy swirling around the arrest of Harvard Professor Henry Louis Gates, but it provides a useful framework for discussing […]
Retroactivity of Melendez-Diaz (Again)
In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another […]
What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
Sex Offender Q and A
by School of Government faculty member Jamie Markham Last month I taught a session for the superior court judges on sex offender registration and monitoring. The handout I used included […]
Time Limits on Trials
I’m a little like a broadcaster for a small-market sports team, in that I’m a relentless “homer,” always impressed with the efforts of the School of Government faculty. With that […]
News Roundup
Update: The creator of the barrel monster has had his day in court, and appears to have received some sort of deferred prosecution, as reported here. Original Post: My colleagues […]
Retroactivity of Melendez-Diaz
Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S. Ct. 2527 (2009), decided by the United States Supreme Court last month, already has had significant implications for criminal prosecutions in North […]
State v. Byrd and Violations of DVPOs
I thought that I might blog today about the Sotomayor confirmation hearings, but they’ve been thoroughly dull. The only piece I’ve seen that makes them seem even a little bit […]