Resentencing on Eighth Amendment Grounds
Some inmates are serving long sentences for older crimes that would receive a much shorter sentence under today’s law. It is clear at this point that they cannot have today’s […]
June 26, 2014
Supreme Court: Can’t Search Cell Phones Incident to Arrest
Yesterday, the Supreme Court issued a long-awaited opinion concerning searching cell phones incident to arrest. The Court ruled that the search incident to arrest exception to the warrant requirement doesn’t […]
June 25, 2014
The Supreme Court Investigates Apparently Unauthorized Cert. Petition in Capital Case
Monday, the Supreme Court denied a petition for certiorari filed in Ballard v. Pennsylvania. One interesting aspect of the case is that the defendant on whose behalf the petition was […]
June 4, 2014
With Cert Denials, Hope Fades for Clarification on Use of Substitute Analysts
Mumford & Sons has a song called Hopeless Wanderer. When it comes to substitute analysts and the confrontation clause, that song title sums me up, and maybe you as well. […]
May 28, 2014
Intellectual Disability, IQ Scores, and the Death Penalty
Yesterday, the United States Supreme Court decided Hall v. Florida, a case about the death penalty and intellectual disability. It’s an important case with implications for North Carolina. Background. In […]
April 30, 2014
Supreme Court Hears Cell Phone Search Incident to Arrest Cases
Yesterday, the Supreme Court heard two cases regarding whether law enforcement officers may search a suspect’s cell phone incident to arrest. Generally, the answer to that question in North Carolina […]
April 15, 2014
RJA Oral Argument
The state supreme court heard oral argument yesterday in two cases concerning the Racial Justice Act. In the first case, Superior Court Judge Gregory Weeks struck down the death sentence […]
March 3, 2014
United States Supreme Court Clarifies When Consent to Search by One Residential Occupant Is Valid When a Co-Occupant Has Previously Objected
Last week the United States Supreme Court in Fernandez v. California (February 25, 2014) clarified an issue left open in its ruling in Georgia v. Randolph, 547 U.S. 103 (2006): […]
January 29, 2014
A Conversation with Justice Scalia
Last week I took eighteen N.C. Superior Court Judges to Washington, D.C. Among other things, we attended oral argument at the U.S. Supreme Court and were fortunate enough to have […]
January 13, 2014
2013 Wrap Up: Significant SCOTUS Cases
Wondering what the key cases were in 2013? Here’s my list, for criminal lawyers practicing in state courts. Want more information? All of the cases are summarized in greater detail […]
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