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Recent Blog Posts Page 7 on North Carolina Criminal Law Blog

Double Bond

Posted on March 19, 2014 - 3:25 pm by Jeff Welty

Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to […]

Posted in Procedure | Tagged bond, doubling, Eighth Amendment, pretrial release more

Obtaining a Search Warrant after Charges Have Been Brought

Posted on June 24, 2013 - 4:34 pm by Jeff Welty

Most search warrants are obtained before anyone has been charged with a crime. But sometimes officers will charge a defendant and then decide to obtain a search warrant to seek […]

Posted in Procedure, Search and Seizure | Tagged ex parte, search warrants more

When Do The Evidence Rules Apply?

Posted on September 4, 2012 - 1:30 pm by Jessica Smith

An interesting thing happened to me recently at a cocktail party. Before you get too excited let me say that this is a PG blog post! And it’s about the […]

Posted in Evidence | Tagged dna testing, Evidence, foster, rules of evidence more

Pretrial Release — Part 2: Who Sets Conditions? What Are the Options?

Posted on January 3, 2012 - 5:02 pm by Jessica Smith

In my first post in this series, I addressed the issue of who is entitled to conditions of pretrial release. In this post, I’ll address who can set conditions and […]

Posted in Procedure | Tagged 48 hour rule, bond, pretrial release, release conditions more

News Roundup

Posted on May 13, 2011 - 1:05 pm by Jeff Welty

The weather forecast calls for a rainy weekend: a good time to sit around, listening to some music. Preferably Bob Dylan, since he is apparently the musician most often cited […]

Posted in Uncategorized | Tagged news more

Officers Exposed to Communicable Diseases

Posted on March 25, 2010 - 3:38 pm by Jeff Welty

I’ve been a little under the weather this week, so I thought I’d do a post about communicable diseases. One question that comes up frequently is whether an arrestee can […]

Posted in Procedure | Tagged communicable diseases, hepatitis, HIV, hold, testing more

Montejo v. Louisiana

Posted on May 27, 2009 - 1:42 pm by Jeff Welty

Two big developments at the United States Supreme Court. First, President Obama nominated Judge Sonia Sotomayor to replace Justice David Souter. The New York Times story is here, some News […]

Posted in Search and Seizure | Tagged interrogations, miranda, right to counsel, sixth amendment more

Magistrates Appointing Counsel?

Posted on May 8, 2009 - 2:08 pm by Jeff Welty

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 […]

Posted in Procedure | Tagged appointment of counsel, magistrates, rothgery, sixth amendment more

Kansas v. Ventris and the Sixth Amendment

Posted on April 30, 2009 - 3:45 pm by Jeff Welty

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 […]

Posted in Search and Seizure | Tagged confessions, exclusionary rule, impeachment, right to counsel, sixth amendment, suppression more

No Probable Cause?

Posted on April 23, 2009 - 1:07 pm by Alyson Grine

One of the things I do as Defender Educator is design CLEs for public defenders and private assigned counsel. In an effort to plan top-notch programs, I meet from time […]

Posted in Procedure | Tagged probable cause hearings more
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