Resentencing on Eighth Amendment Grounds
Jamie Markham
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 […]
July 31, 2014
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 […]
Read post "Resentencing on Eighth Amendment Grounds"June 26, 2014
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 […]
Read post "Supreme Court: Can’t Search Cell Phones Incident to Arrest"June 25, 2014
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 […]
Read post "The Supreme Court Investigates Apparently Unauthorized Cert. Petition in Capital Case"June 4, 2014
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. […]
Read post "With Cert Denials, Hope Fades for Clarification on Use of Substitute Analysts"May 28, 2014
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 […]
Read post "Intellectual Disability, IQ Scores, and the Death Penalty"April 30, 2014
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 […]
Read post "Supreme Court Hears Cell Phone Search Incident to Arrest Cases"April 15, 2014
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 […]
Read post "RJA Oral Argument"March 3, 2014
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): […]
Read post "United States Supreme Court Clarifies When Consent to Search by One Residential Occupant Is Valid When a Co-Occupant Has Previously Objected"January 29, 2014
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 […]
Read post "A Conversation with Justice Scalia"January 13, 2014
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 […]
Read post "2013 Wrap Up: Significant SCOTUS Cases"