Category: retroactivity

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 […]

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) […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]