Under the Crawford Confrontation Clause rule, testimonial statements by witnesses who aren’t subject to cross-examination at trial can’t be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Smith, A Guide to Crawford and the Confrontation Clause, in NC Superior Court Judges Benchbook (UNC School of Government Aug. 2015). In the Davis case, the US Supreme Court set out a two-part rule for determining whether or not statements are testimonial for purposes of the Confrontation Clause:
supreme court of north carolina
North Carolina Supreme Court Rules That Juvenile’s Request to Call Mother During Custodial Interrogation Was Not Clear Invocation of Statutory Right to Consult a Parent or Guardian To Bar Further Interrogation
Two months ago, the North Carolina Supreme Court in State v. Saldierna, ___ N.C. ___, 794 S.E.2d (Dec. 21, 2016), reversed the North Carolina Court of Appeals, State v. Saldierna, ___ N.C. App. ___, 775 S.E.2d 326 (2015), and ruled that a juvenile’s request to call his mother during custodial interrogation was not a clear invocation of the statutory right to consult a parent or guardian that would bar officers from conducting or continuing to conduct interrogation. This post discusses this ruling.
North Carolina Supreme Court Upholds Search of Vehicle Located on Premises as Within Scope of Search Warrant
The North Carolina Supreme Court in State v. Lowe (December 21, 2016) ruled that a search warrant validly authorized a search of a vehicle parked on the driveway of the premises and within its curtilage, and it reversed a contrary ruling by the Court of Appeals (State v. Lowe, 774 S.E.2d 893, 21 July 2015). This post discusses the supreme court’s ruling.