New Law Regarding Disposal of Seized Guns
Jeff Welty
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most […]
September 9, 2013
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most […]
Read post "New Law Regarding Disposal of Seized Guns"July 10, 2013
If you’re on my listserv, you know that the NC Supreme Court recently issued several confrontation clause decisions, all dealing with substitute analysts (if you’re not on my listserv, you […]
Read post "The NC Supreme Court’s Recent Substitute Analyst Cases"May 21, 2013
As I noted in my last post on Rule 404(b) evidence, even when the evidence is relevant to an issue other than propensity or disposition, admissibility is “constrained by the […]
Read post "Rule 404(b): The Requirement of Temporal Proximity"May 14, 2013
Suppose that a murder defendant goes by the street name “Hit Man.” The prosecution wants the investigating officer to testify that she received a tip that “Hit Man” committed the […]
Read post "Street Names and Nicknames"May 13, 2013
Even when Rule 404(b) evidence is relevant to an issue other than propensity or disposition, admissibility is “constrained by the requirements of similarity and temporal proximity.” State v. Beckelheimer, __ […]
Read post "Rule 404(b): The Requirement of Similarity"May 7, 2013
Rule 404(b) is a rule of inclusion subject to one exception: the evidence must be excluded if its only probative value is to show that the defendant had the propensity […]
Read post "Rule 404(b): Proper Purpose Other than Propensity"May 2, 2013
Even the greenest of prosecutors knows to ask it. And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the […]
Read post "The Opinion Question: Myth or Magic?"April 30, 2013
In this second post on Rule 404(b) evidence [editor’s note: the first post in this occasional series is here], I’ll address a point that sometimes gets overlooked in the admissibility […]
Read post "Rule 404(b): Did He Really Do It?"January 30, 2013
I have been asked several times whether the state may admit, under N.C. R. Evid. 404(b), evidence of noncriminal conduct. The answer is yes, assuming of course that the evidence […]
Read post "Rule 404(b) and Noncriminal Conduct"September 4, 2012
An interesting thing happened to me recently at a cocktail party. Before you get too excited let me say that this is a PG blog post! And it’s about the […]
Read post "When Do The Evidence Rules Apply?"