More on Officer Misconduct and Giglio
Years ago, I wrote this post about when evidence of an officer’s prior misconduct must be disclosed by the prosecution as material impeachment information under Giglio v. United States, 405 […]
May 22, 2024
When May the State Use Evidence of a Defendant’s Silence Before Trial?
A couple of weeks ago, I wrote about the prohibition against the State commenting on a defendant’s failure to testify, or, in other words, a defendant’s silence at trial. Such […]
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 […]
March 13, 2017
Prying Open the Jury Room: Supreme Court Creates an Exception to the No-Impeachment Rule for Racial Bias
[Editor’s note: Today’s post was written by Alyson Grine and Emily Coward. Until last year, Alyson was the Defender Educator at the School of Government. She is now an Assistant Professor […]
October 21, 2013
Impeachment with Evidence of Bias
I previously posted (here) about impeaching a witness with a prior inconsistent statement. In this blog post I’ll address impeaching with evidence of bias. As our blog readers know, a […]
September 11, 2013
Impeachment by Prior Inconsistent Statement
Trial lawyers love a good gotcha moment and this method of impeachment–by prior inconsistent statement–presents lots of opportunities for that. Proving that a witness previously made statements inconsistent with his […]
May 8, 2012
Must Officers’ Prior Misconduct Be Disclosed in Discovery?
I’ve had a whole bunch of phone calls lately raising the same basic issue: suppose that a prosecutor is aware that an officer has been dishonest or has engaged in […]
February 13, 2012
Use of a Defendant’s Pre- and Post-Arrest Silence at Trial
The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of […]
April 30, 2009
Kansas v. Ventris and the Sixth Amendment
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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