Discovery in Delinquency Cases
The Juvenile Code provides explicit procedure for discovery in juvenile delinquency matters. This procedure does not mirror the law that governs discovery in criminal matters. The statutes also do not […]
January 23, 2025
The Confidential Informant File: What Is It and When Must It Be Disclosed to the Defense?
I recently completed a series of posts on issues surrounding confidential informants (“CI’s”), discovery, and motions to reveal the CI’s identity. In this “bonus” post, I will discuss a related […]
November 20, 2024
More on Officer Misconduct and Giglio
Years ago, I wrote this post about when evidence of an officer’s prior misconduct must be disclosed by the prosecution as material impeachment information under Giglio v. United States, 405 […]
June 5, 2023
Does an Officer Who Receives a Giglio Letter Have a Right to a Name Clearing Hearing?
In my most recent post, I noted that a law enforcement officer who is fired will sometimes have a right to a “name clearing hearing” at which the officer may […]
November 18, 2020
Sheriffs’ Association Releases Report Recommending Giglio-Related Reforms, Among Others
Last week, the North Carolina Sheriff’s Association released a 31-page Report on Law Enforcement Professionalism recommending numerous law enforcement reforms. The report, created by a working group formed after the […]
May 19, 2020
DWI Update: May 2020 Edition
My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, […]
February 10, 2020
Five Ethics Rules Every Prosecutor Should Know
The School of Government and the Conference of District Attorneys co-sponsored Practical Skills for New Prosecutors last week. The five-day course includes 12 hours of Professionalism for New Attorneys requirements, […]
January 8, 2018
Discovery of Officers’ Text Messages
More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, […]
June 26, 2017
Brady, Materiality, and Disclosure: Turner v. United States
The Supreme Court just decided Turner v. United States, rejecting the Brady claims of several defendants convicted of a brutal and highly publicized murder in Washington, D.C. Although the Court […]
August 21, 2013
State v. Marino Finds No Error in Denying Defendant Source Code
The North Carolina Court of Appeals decided its first breath-testing source code case yesterday. The court in State v. Marino affirmed the trial court’s determination that the defendant had no […]
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