May 3, 2016
There seem to be fewer and fewer reported decisions about criminal discovery in North Carolina. A recent North Carolina Supreme Court decision finding a discovery violation by the prosecution, State […]
May 7, 2015
On Tuesday, the Eleventh Circuit ruled, en banc, that law enforcement may obtain historical cell site location information without a search warrant, using a court order based on less than […]
March 25, 2015
The rules of thumb about expert testimony in child sexual abuse cases are (1) that an expert can’t testify that a child was, in fact, abused absent physical evidence, and […]
September 6, 2012
A couple of weeks ago, the court of appeals decided State v. Davis, __ N.C. App. __ (2012). For prosecutors, defense lawyers, and judges handling sex crime cases, it’s a […]
June 21, 2011
Virtually all courts interpreted Belton v. New York, 453 U.S. 454 (1981), to authorize a law enforcement officer to search the passenger compartment of a motor vehicle incident to the […]
November 22, 2010
The Court of Appeals decided State v. Davis, 208 N.C. App. 26 (2010), last week, granting the defendant a new trial on second-degree murder, impaired driving and other charges arising […]
September 1, 2010
I blogged here about the court of appeals’ opinion in State v. Davis, ___ N.C. App. ___ (2010), a case in which the defendant was convicted of several offenses and […]
August 16, 2010
Along with the published cases released by the N.C. Court of Appeals on August 3, 2010, was an unpublished case of note. In State v. Davis, __ N.C. App. __ […]