Fascinating Footnote 3
The most famous footnote in all the world is generally acknowledged to be footnote 4 in United States v. Carolene Products Company, 304 U.S. 144 (1938). That footnote introduced to […]
Providing Notice of Implied Consent Rights to a Deaf Defendant
Several earlier posts address the requirement that a defendant be notified of statutory rights related to implied consent testing before being requested to submit to a test of his breath, […]
Interrogation in Jail or Prison Isn’t Always “Custodial”
Under Miranda v. Arizona, 384 U.S. 436 (1966), before an officer may begin a custodial interrogation of a suspect, the officer must advise the suspect of certain rights, such as […]
Use of a Defendant’s Pre- and Post-Arrest Silence at Trial
The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of […]
The Law of Interrogation
In connection with some teaching that I have coming up, I’ve prepared a short outline summarizing the law of interrogation. It’s available as a PDF here. It covers voluntariness, Miranda, […]
First Monday: Supreme Court Preview
Under 28 U.S.C. § 2, The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and […]
News Roundup
TV news broadcasts often start with sensational celebrity news that may not be tremendously substantive. I’ll follow suit and highlight this AP profile of Casey Anthony defense lawyer Jose Baez. […]
News Roundup
It isn’t often that a criminal law decision by the United States Supreme Court is an above-the-fold front page story in the News and Observer, but that’s the situation today. […]
News Roundup
Duke took it on the chin last night, losing to a confident, athletic Arizona team. That’s the basketball roundup. Now for the criminal law roundup: 1. The Conference of District […]
Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part II)
Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]