Case Summaries—Court of Appeals (5/19/2020)
This post summarizes opinions issued by the North Carolina Court of Appeals on May 19, 2020.
Remote Delinquency Proceedings Not Otherwise Authorized in Statute
Last month I blogged about the one type of delinquency hearing for which remote proceedings are expressly authorized in statute—hearings on continued custody. This blog analyzes the legal and practical […]
Case Summaries: Fourth Circuit Court of Appeals – March 2020
This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals in March, 2020. Decisions of interest to state practitioners will be posted on a monthly […]
Case Summaries–Fourth Circuit Court of Appeals (Oct. 2019)
This post summarizes published decisions from the Fourth Circuit Court of Appeals that may be of interest to state criminal practitioners from October, 2019.
Bail Reform in North Carolina—Pilot Project: Citation in Lieu of Arrest
In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B […]
A Short Brief on Representation by Counsel in the UK
Our trip to Middle Temple, one of the four Inns of Court in London, did not disappoint. It is physically stunning, a collection of beautiful courtyards and historic buildings. As […]
What’s Hot in the Realm of DWI Litigation?
I was recently asked to talk to a group of attorneys about “hot topics” related to the criminal prosecution of impaired driving. Those of you who practice in the field […]
The Inevitable Discovery Exception to the Exclusionary Rule under the United States Constitution
Two important exceptions to exclusionary rules under the federal constitution were adopted by the United States Supreme Court within a month of each other in 1984: (1) the inevitable discovery […]
North Carolina Supreme Court Rules That Juvenile’s Request to Call Mother During Custodial Interrogation Was Not Clear Invocation of Statutory Right to Consult a Parent or Guardian To Bar Further Interrogation
Two months ago, the North Carolina Supreme Court in State v. Saldierna, ___ N.C. ___, 794 S.E.2d (Dec. 21, 2016), reversed the North Carolina Court of Appeals, State v. Saldierna, […]
North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not […]