Evidence about the “Victim” in Self-Defense Cases
In self-defense cases, the defendant typically claims that the “victim” was actually the assailant and that the defendant needed to use force to defend himself, family, home, or other interests. […]
October 18, 2018
UNC vs. UK in London!
It was an epic throw down between two powerhouse teams on Monday in the heart of London. I don’t mean basketball. I certainly don’t mean football. I mean the moot […]
June 12, 2018
Who Goes First?
The defense files a motion to suppress evidence in superior court, and the judge sets the matter for a hearing. The parties and their witnesses show up, ready to give […]
May 8, 2018
DNA Test Results: Probability vs. Fallacy
The State of North Carolina goes to trial against Donnie Defendant, who is alleged to be the infamous “Tarheel State Killer” and charged with committing a series of brutal assaults […]
March 13, 2018
Rule 803(6): Please Hold for the Next Available Representative…
A few weeks ago I participated in a seminar on digital evidence, and one of the topics we discussed was cell phone records (subscriber information, call detail records, historical location […]
March 5, 2018
Confusing Recorded Recollection and Present Recollection Refreshed
I wrote a post (here) about the recorded recollection exception to the hearsay rule, in which I noted that this exception often is confused with the technique of present recollection […]
October 11, 2017
State v. Thompson Tells a Tale of Two Facebook Screenshots
After Roshawn Thompson picked up his cousin Kendall Rascoe from the Greenville mall in November 2014, Thompson and a friend, Andre Grey, robbed Rascoe at gunpoint. At Thompson’s armed robbery […]
June 19, 2017
Bill Cosby and the Lack of Rule 404(b) Evidence
Over the weekend, the judge presiding over Bill Cosby’s sexual assault trial declared a mistrial after the jury was unable to reach a unanimous verdict. I hadn’t followed the case […]
May 22, 2017
Can the Fact that Daryl Had a Glock Yesterday Be Used to Prove that He Had an AK-47 Today?
When a defendant is charged with possession of a firearm by a felon, may the prosecution introduce, under Rule 404(b), evidence that the defendant previously possessed a different firearm? Courts […]
August 29, 2016
Going “Beyond the Bounds” of Rule 404(b) in a Case Involving the Death of a Child
About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s […]
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