Forfeiture
I’ve been asked a couple of questions related to forfeiture lately, which has led me to realize that I don’t know much about it. So I’ll offer a little information below, and in exchange, will ask for...
View ArticleSeizure of Vehicles in DWI Cases
Three bills introduced in the General Assembly this session provide for seizure and forfeiture of motor vehicles involved in certain motor vehicle offenses. House Bill 451 provides for seizure of motor...
View ArticleEating the Evidence
Eating the evidence might yield a stomach ache but it won’t ensure an acquittal. That is the lesson learned from State v. James, a case recently decided by the N.C. Court of Appeals. In James, an...
View ArticleForfeiture of the Right to Counsel
In response to my recent post (here) about waivers of counsel, a number of you emailed asking me to write about forfeiture of the right to counsel. Your wish is my command. Although cases sometimes...
View ArticleRun and You’re Done — Part 1
My nomination for catchiest short title of the 2011 legislative session goes to House Bill 427, enrolled and chaptered as S.L. 2011-271, and short-titled “Run and You’re Done.” The aptly captioned act...
View ArticleRun and You’re Done — Part 2
Part I of this post ended by noting that, like the racing forfeiture provisions in G.S. 20-141.3—and unlike the DWI seizure and forfeiture laws—the new felony speeding to elude seizure and forfeiture...
View ArticleNew Limits on Forfeiture
On Friday, Attorney General Eric Holder announced major new limits on asset forfeiture. In a nutshell, he put a stop to the federal civil forfeiture of assets seized by state and local law enforcement...
View ArticleThree 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 that a defendant may lose that right....
View ArticleWaiving 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 lawyer, and signs a written waiver of...
View ArticleTimbs v. Indiana: Excessive Fines Clause Applies to the States
The Supreme Court decided Timbs v. Indiana yesterday, holding that the Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the states under the Fourteenth Amendment....
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