Forfeiture of the Right to Counsel
In response to my recent post (here) about waivers of counsel, a number of you emailed asking me to write about forfeiture of the right to counsel. Your wish is […]
Waivers of Counsel at Probation Violation Hearings
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of […]
S.L. 2011-385 Targets Unsafe Driving by Teenagers
Fifteen years ago, the General Assembly enacted S.L. 1997-16, implementing graduated driver’s licenses requirements for people under the age of 18, who are termed provisional licensees. Pursuant to G.S. 20-11, […]
State v. Daniel Tees Up An Analysis of Prejudice
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
Internet Sweepstakes Update
I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even […]
Local Government Authority to Regulate Traffic
[Editor’s note: This post originally appeared here, on the School of Government’s local government blog. For an update on local government authority to regulate cell phone use by drivers, see […]
Ad Hoc Conditions of Probation
Under G.S. 15A-1343(b1)(10), a court may, in addition to the regular conditions of probation and any statutory special conditions, require a defendant to “[s]atisfy any other conditions determined by the […]
News Roundup
1. Bloggers often feel like Rodney Dangerfield: we get no respect. But over the past week, I’ve learned that under the latest revision of the Bluebook, the citation manual for […]
Fair Cross Section
Yesterday, the United States Supreme Court decided Berghuis v. Smith, a case in which the defendant claimed that the pool from which his jury was selected was not a fair […]
Must the State Inform the Defense When a Witness Goes Missing?
I blogged recently about whether the state is obligated to produce its witnesses’ criminal records in discovery. (Recall that the answer is no, in North Carolina, with some exceptions.) Another […]