In August, the North Carolina Supreme Court weighed in on drug identification once again in State v. Osborne, ___ N.C. ___ (August 16, 2019). I wrote about the earlier Court of Appeals decision in the case, here. The new Osborne decision clarifies the application of drug identification rules as well as sufficiency of the evidence in this context.
admissions
Hearsay Exceptions: Admissions by Party-Opponents
Evidence Rule 801(d) sets out a hearsay exception for “Admissions by a Party-Opponent.” If you’re not clear on that rule, read on. The rule says that a statement is admissible under this exception if it is “offered against a party” and is (A) his or her own statement, in an individual or representative capacity; (B) … Read more
Rap Lyrics as Confessions
When may rap lyrics written by a defendant be admitted as evidence of guilt? That question has been in the news quite a bit lately as a result of a decision by the Nevada Supreme Court. (For example, see this ABC News story, or this Washington Post piece.) There’s also some North Carolina authority on … Read more