GPS Tracking for Domestic Violence Offenders?
An interesting article in the New York Times, available here, talks about the increasing use of GPS tracking in domestic violence cases, either as a condition of pretrial release or […]
Magistrates Appointing Counsel?
Last term, the United States Supreme Court decided Rothgery v. Gillespie County, available here. As most folks likely know, before Rothgery, North Carolina law held that a defendant’s Sixth Amendment […]
Breathalyzer Source Code
Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy. The issue is whether a DWI defendant who has submitted […]
Preliminary Hearings on Probation Violations
Under G.S. 15A-1345(c), a preliminary hearing on a probation violation must be held within seven working days of a probationer’s arrest to determine whether there is probable cause to believe […]
Juvenile LWOP and the Supreme Court
I was thinking about making today’s post a news roundup, since there’s been so much interesting criminal law news recently, including a rumor suggesting that Justice Patricia Timmons-Goodson could be […]
Stick to the Plan (er, Policy)
Before December 1, 2006, GS 20-16.3A set forth requirements governing impaired driving checkpoints but not other types of checking stations and roadblocks. While non-DWI checking stations and roadblocks had to […]
News Roundup
Big news on the high court: Justice David Souter, who famously said that he had the world’s best job in the world’s worst city, is reportedly retiring at the end […]
Kansas v. Ventris and the Sixth Amendment
The Supreme Court’s latest criminal law decision is Kansas v. Ventris, available here. The basic holding is that a statement obtained in violation of a defendant’s Sixth Amendment right to […]
I Gant Believe I’m Posting about This Case Again!
OK, one more post about Arizona v. Gant, which I’ve previously discussed here and here. First, School of Government faculty member Bob Farb has written a short paper about Gant […]
Juveniles and Prior Record Level
I am occasionally asked about the adult sentencing consequences of a defendant’s juvenile history. The first-order answer is easy: juvenile adjudications never count toward felony prior record level or misdemeanor […]