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 […]
February 8, 2017
State v. Parisi Answers DWI Procedural Riddle
Criminal procedure aficionados, close your red books and riddle me this: A district court judge in a DWI case preliminarily grants a defendant’s motion to suppress. The State appeals to […]
August 31, 2016
HGN, the Rules of Evidence and Suppression Hearings
True or False: An officer does not have to be qualified as an expert to testify about horizontal gaze nystagmus in a hearing on a motion to suppress in an […]
June 8, 2016
The Right to Life, Liberty, and Fifteen Additional Days to Renew Your Registration
Before I became a lawyer, I finished everything ahead of time. Term paper? Completed two weeks early. Trip? Packed a week in advance. Taxes? Filed in February. Alas, those days […]
March 23, 2016
State v. Miller Confirms that the DWI Motions Statutes are a Hot Mess
No, Justice Ervin didn’t use the words hot mess. But anyone who slogs their way through the tortured procedural swamp that led to State v. Miller, __ N.C. __ (March […]
October 23, 2013
Can I Get Some Relief Here?
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). […]
April 10, 2012
A Motion to Suppress a Prior Conviction Isn’t a Collateral Attack
You can’t always get what you want But if you try sometimes you might find You get what you need –The Rolling Stones It’s generally understood that a criminal defendant […]
December 7, 2010
Is the Use of a Blue Light a Show of Authority?
Today, the court of appeals decided State v. Baker. Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it […]
November 4, 2010
Can I Get a Remedy? Suppression of Chemical Analyses in Implied Consent Cases for Statutory Violations
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 […]
September 21, 2010
What’s a Motion to Suppress?
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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