N.C. Court of Appeals Rules that Padilla Is Not Retroactive
In a post here, a former colleague [editor’s note: the post has my picture on it but as the byline notes, it was written by Sejal Zota] wrote about Padilla […]
February 21, 2012
Consent DVPOs without Findings of Fact Are Void ab Initio
The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) […]
October 4, 2011
Is Padilla Retroactive?
In a post here [editor’s note: the post shows up with my picture for technical reasons, but it was written by Sejal Zota], a former colleague discussed Padilla v. Kentucky, […]
June 3, 2010
State v. Johnson and the Retroactivity of Gant
On June 1, 2010, the N.C. Court of Appeals applied Arizona v. Gant in State v. Johnson and held that the defendant’s Fourth Amendment rights were violated when the police […]
July 27, 2009
Retroactivity of Melendez-Diaz (Again)
In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another […]
July 20, 2009
Retroactivity of Melendez-Diaz
Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S. Ct. 2527 (2009), decided by the United States Supreme Court last month, already has had significant implications for criminal prosecutions in North […]
April 24, 2009
Gant, “Retroactivity,” and Retroactivity
The fallout from the Supreme Court’s recent decision in Arizona v. Gant, see my initial post here, has been fast and furious. Most questions I’ve received have been about how […]
April 8, 2009
Relief from (Un?)Fair Sentencing
One of our loyal readers asked for our take on the provision in the motion for appropriate relief (MAR) statute that allows a defendant to seek relief at any time […]
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