North Carolina Criminal Law

North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]

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Dan Defendant is charged with and arrested for driving while impaired. He is taken to a law enforcement center for administration of a chemical analysis. At 2:00 a.m., the chemical […]

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There’s a new batch of opinions from the court of appeals today. One is State v. Reavis, a case that raises a question I’ve been asked several times recently in […]

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The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn’t just the defendant’s nickname, “DJ Nelly Nell.” The relevant facts […]

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The court of appeals released a batch of opinions yesterday. Several are interesting and important, and there were an unusually large number of opinions in favor of defendants, including some […]

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The Supreme Court (Washington, not Raleigh) has been exceptionally busy with criminal law matters over the last few months. As readers of this blog know, two of the blockbuster decisions […]

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The Supreme Court’s latest criminal law decision is Kansas v. Ventris, available here.  The basic holding is that a statement obtained in violation of a defendant’s Sixth Amendment right to […]

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Several days ago, I wrote a post about Herring v. United States and whether it is merely the first step in a significant narrowing of the exclusionary rule. It’s an […]

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Earlier this month, the United States Supreme Court decided Herring v. United States, no. 07-513, a case that raises interesting questions about the future of the exclusionary rule.  An officer […]

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