When Can the State Use Testimony from the Probable Cause Hearing at Trial?
My colleague, Phil Dixon, blogged about the Court of Appeals’ decision in State v. Joyner, 284 N.C. App. 681 (2022), here. In Joyner, the court ruled that the State did […]
March 2, 2023
Right to a Public Trial
The Sixth Amendment provides that a person accused of a crime “shall enjoy a public trial.” This right is grounded in the belief that judges and prosecutors will carry out […]
December 19, 2022
Failure to Appear at Civil No-Contact Hearing Was a Prior Opportunity for Cross-Examination and Constituted an Implied Waiver of Confrontation Rights at Subsequent Criminal Trial
The Confrontation Clause of the Sixth Amendment generally guarantees a criminal defendant the right to confront and cross-examine his accusers in person. If a witness was available for an earlier […]
September 15, 2022
Another Look at Confrontation at Probation Violation Hearings
A new case from the Supreme Court of North Carolina gives us a chance to revisit the issue of a defendant’s confrontation rights at a probation violation hearing.
April 29, 2020
Ramos v. Louisiana and the Jim Crow Origins of Nonunanimous Juries
Ramos v. Louisiana, decided by the U.S. Supreme Court last Monday and summarized here, holds that the Sixth Amendment impartial jury guarantee gives defendants a right to a unanimous jury […]
May 22, 2019
To Prove Aggravating Factors for DWI in Superior Court, State Must Provide Notice
One person convicted of misdemeanor impaired driving may be placed on probation and ordered to complete 24 hours of community service. Another may receive an active sentence of three years’ […]
June 26, 2018
Does McCoy v. Louisiana Matter in North Carolina?
In McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018), the US Supreme Court held that a defendant’s Sixth Amendment counsel right was violated when trial counsel admitted […]
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 […]
December 6, 2016
At an Impasse Again
Twenty-five years ago the North Carolina Supreme Court departed from national standards on attorney-client decision-making and gave clients greater control over the direction of their case, including trial strategy and […]
October 26, 2016
Alleging Aggravating Factors in a DWI Prosecution
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the […]
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- Maggie Bailey
- Brittany Bromell
- Emily Coward
- Alexander Cowell
- Melanie Crenshaw
- Michael Crowell
- Shea Denning
- Sara DePasquale
- Phil Dixon
- James Drennan
- Belal Elrahal
- Whitney Fairbanks
- Bob Farb
- Rebecca Fisher-Gabbard
- Jacquelyn Greene
- Timothy Heinle
- Timothy Heinle
- Jonathan Holbrook
- Joseph L. Hyde
- Kirsten Leloudis
- Caitlin Little
- Ian Mance
- Jamie Markham
- Chris McLaughlin
- Kristi Nickodem
- Alex Phipps
- M. Jeanette Pitts
- LaToya Powell
- Ethan Rex
- John Rubin
- Jessica Smith
- Meredith Smith
- Daniel Spiegel
- Tom Thornburg
- Hannah Turner
- Christopher Tyner
- Jeffrey Welty