Free Newsletter
Criminal Practice – Constitutional – Miranda Warnings – Involuntary Commitment – Noncustodial Interrogation
State v. Hammonds (Lawyers Weekly No. 15-07-0977, 38 pp.) (Donna Stroud, J.) (Lucy Inman, J., dissenting) Appealed from Union County Superior Court (Tanya Wallace, J.) N.C. App. Holding: Even though defendant had been involuntarily committed after a suicide attempt, he was not “in custody” when the police interviewed him in the hospital, so Miranda warnings […]
Criminal Practice – Juvenile – Confession – Noncustodial Interrogation
In re D.A.C. The trial court’s conclusion that the juvenile was not subjected to custodial interrogation is supported by its uncontested findings of fact.
Criminal Practice – Constitutional – Right to Counsel – Miranda Warnings – Videotaped Interview – Transcript Only
State v. Jordan The trial court’s determination that defendant had voluntarily and intelligently waived his Miranda rights was based not only on the transcript of defendant’s police interview, but also on the videotape of the interview. Defendant failed to include the videotape in the appellate record, so we must accept the trial court’s findings of fact as binding. The trial court�[...]
Criminal Practice – Murder – Insanity Defense – Specific Intent – Jury Instructions – Confession – Miranda Warnings – Confrontation Clause – Expert Witness
State v. Hartley The state was concerned that the trial court's original jury instructions shifted the burden of proof regarding specific intent to defendant, so the court reinstructed the jury: "If you find from the evidence beyond a reasonable doubt that the defendant [committed the offense charged], it would be your duty to return a verdict of guilty ..., unless you are satisfied that [...]
High court considers whether age affects ‘Miranda’ rights in NC case
"You are free to leave" is a statement that seems easy enough to understand. But when those words are told to a young person at school, does the child's age make a difference under Miranda v. Arizona? That's the question the justices of the U.S. Supreme Court considered March 23 during oral arguments in J.D.B v. North Carolina. The case involves a 13-year-old special education student who was ques[...]
Case on Miranda warnings in schools goes to highest court
A case out of North Carolina about to go before the U.S. Supreme Court could set a precedent on whether a juvenile's age should be considered in a Miranda custody analysis. Marsha Levick (pictured), deputy director and chief counsel of the Philadelphia-based Juvenile Justice Center, said that although the question before the court is limited to age, her organization was also interested in the fact[...]
Criminal Practice – Child Pornography – Computer Chat – Miranda Warnings – ‘Custody’
U.S. v. Hargrove. (Lawyers Weekly No. 10-01-1113, 25 pp.) (Agee, J.) No. 08-5223, Nov. 19, 2010; USDC at Martinsburg, W.Va. (Bailey, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although 10 to 15 agents, some armed, showed up at defendant’s home at 6 a.m. to roust him from bed and […]
Criminal Practice – Murder – Acting in Concert – Rape & Robbery – Miranda Warnings – Jury Selection – Prosecutor’s Arguments – Death Penalty – Mitigating Factors
State v. Waring. Defendant's statement that he was "not going to snitch" was not a clear invocation of his Miranda rights; therefore, the police were not required to cease their questioning of defendant. No prejudicial error in defendant's conviction of first-degree murder or in the sentence of death.
Top Legal News
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
