United States v. Comstock
Jamie mentioned yesterday that the Supreme Court decided two important cases this week. Graham v. Florida, which Jamie covered yesterday, is the blockbuster, but United States v. Comstock is also […]
April 15, 2010
Satellite-Based Monitoring: Aggravated Offenses Revisited
I wrote about satellite-based monitoring (SBM) of sex offenders ten times in 2009. The court of appeals’ recent decision in State v. Phillips gives me my first occasion to write […]
March 1, 2010
Calling the Complainant a “Victim”
Defendants sometimes argue, usually in sexual assault cases, that the complaining witness should not be called a “victim” during court proceedings. The basis of the argument is that using that […]
February 24, 2010
Solicitation of a Child by Computer
When a person over 16, using a computer or other electronic device, and with the “intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands” a person […]
December 9, 2009
Aggravated Offenses: Elements Only
I have noted in numerous prior posts (most recently, here) that the statutes governing satellite-based monitoring (SBM) determination hearings (G.S. 14-208.40A and -208.40B) are unclear as to whether the court […]
October 9, 2009
Proper Notice for SBM Determinations: State v. Stines
I mentioned earlier that the court of appeals decided two satellite-based monitoring cases this week. I discussed State v. Morrow on Wednesday. Today I’ll cover State v. Stines. In Stines, […]
October 7, 2009
More Satellite-Based Monitoring Cases, Another Dissent
It seems like every batch of new opinions from the court of appeals includes at least one case on satellite-based monitoring (SBM) of sex offenders. Yesterday’s batch had two. State […]
September 11, 2009
Evidentiary Issues in Sex Crimes Cases
I recently completed an Administration of Justice Bulletin on evidentiary issues in sex crimes cases. It’s available for free here. It covers the application of N.C. R. Evid. 412, i.e., […]
August 11, 2009
News Roundup
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]
July 23, 2009
Sex Offender Q and A
by School of Government faculty member Jamie Markham Last month I taught a session for the superior court judges on sex offender registration and monitoring. The handout I used included […]
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