effective assistance of counsel – North Carolina Criminal Law

December 4, 2017

Defense Counsel Can’t Present an Insanity Defense without the Defendant’s Consent

The court of appeals recently addressed an issue that has divided courts elsewhere: whether defense counsel may present an insanity defense without the defendant’s consent. The court ruled that defense […]

October 8, 2014

Counsel’s Unconsented-To Admission is Reversible Error, Except When It’s Not

Jessica Smith

In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per […]

November 2, 2011

Ineffective Assistance in Plea Bargaining?

Jeff Welty

On Halloween, I was dressed up as a sheep, trick or treating with my daughter, Little Bo Peep. Fortunately, serious legal business was being conducted elsewhere: the Supreme Court heard […]

July 13, 2010

Failure to Request a Jury Instruction on Informants

Jeff Welty

I was catching up on the Fourth Circuit’s recent opinions this weekend when I came across United States v. Luck. It raises some interesting issues that are not specific to […]

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North Carolina Criminal Law

Category: effective assistance of counsel

Defense Counsel Can’t Present an Insanity Defense without the Defendant’s Consent

Counsel’s Unconsented-To Admission is Reversible Error, Except When It’s Not

Ineffective Assistance in Plea Bargaining?

Failure to Request a Jury Instruction on Informants

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