Melendez-Diaz and Limited Privileges
Shea Denning
If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]
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August 26, 2009
If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]
Read post "Melendez-Diaz and Limited Privileges"August 10, 2009
I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without […]
Read post "You Can’t Tell Just from the Smell"August 5, 2009
Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]
Read post "Double Punishment but No Double Jeopardy"July 24, 2009
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
Read post "What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz"July 10, 2009
[Update: the state supreme court reviewed this case, reversing in part, as described here.] The court of appeals published its opinion in State v. Davis this week, a case in […]
Read post "State v. Davis and Double Jeopardy v. Statutory Construction"June 24, 2009
Shea Denning, who is the motor vehicle and DWI expert on the School of Government’s faculty, has read, re-read, and re-re-read State v. Fowler and State v. Palmer, the recent […]
Read post "Analysis of DWI Procedures under Fowler and Palmer"June 15, 2009
My wife reads celebrity gossip magazines, and one she brought home recently featured a couple who (a) apparently like to hit the nightspots (not necessarily with one another) and (b) […]
Read post "DWI for the Whole Family"May 20, 2009
Two statutes enacted as part of the Motor Vehicle Driver Protection Act of 2006, G.S. 20-38.6 and 20-38.7, significantly altered district court procedures for implied consent offenses committed on or […]
Read post "DWI Appeal Procedures: Fowler and Palmer"May 19, 2009
by School of Government faculty members Jamie Markham and Shea Denning The folks at DOC combined records tell us they see a lot of habitual impaired driving judgments that look […]
Read post "Split Sentences for Habitual DWI?"May 7, 2009
Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy. The issue is whether a DWI defendant who has submitted […]
Read post "Breathalyzer Source Code"