Is the Statute of Limitations Jurisdictional or Waivable?
Last week, I blogged about the lack of a statute of limitations for felony offenses in North Carolina. There is, of course, a two-year statute of limitations for misdemeanors, a […]
July 17, 2018
Does a Stipulation to Lab Results Waive Confrontation Rights?
Defendants can lose confrontation rights a number of ways. Under the various notice and demand statutes, failure to object and demand the presence of the witness in a timely manner […]
April 6, 2018
Relief from Monetary Obligations Aside from Waiver
Not all types of relief from a criminal monetary obligation trigger the statutory requirements for notice, hearing, and findings.
April 18, 2017
Walker, Jacobs, and the Importance of Preserving the Record
Two weeks ago, the SOG hosted over 50 public defenders, contract attorneys, and private assigned counsel at its annual Felony Defender training. The training provides guidance to lawyers transitioning to […]
October 25, 2016
North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not […]
September 1, 2016
Remitting Costs and Fines
A judge may remit unpaid fines and costs at any time. In certain circumstances.
July 5, 2016
Waiving the Assistance of Counsel in District Court Cases
Suppose that when a criminal defendant appears in court, he is advised of the right to have counsel appointed if indigent, tells the judge he wants to hire his own […]
February 22, 2016
Three Ways to Lose the Right to Counsel?
In an opinion last week, the court of appeals helpfully summarized the law about how a defendant may lose the right to counsel, and may have recognized a new way […]
December 9, 2014
The Right to Be Present at Sentencing
A North Carolina defendant has a common law right to be personally present when a criminal sentence is pronounced. That right is separate from the constitutional right to be present […]
December 3, 2014
Handling Jury Trial Waivers
As of December 1, 2014, North Carolina criminal defendants may waive their right to a jury trial in superior court and instead opt for a bench trial. This is because […]
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