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Articles 1 - 23 of 23
Full-Text Articles in Law
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce
Campbell Law Review
Although there is little dispute that the mail fraud statute has become a valuable part of a federal prosecutor's arsenal, for years legal scholars have debated the extent to which the mail fraud statute should be used to prosecute corrupt state and local officials. In recent years, largely in response to the large number of high profile honest services fraud prosecutions, even members of the mainstream news media are beginning to seek guidance regarding the definition of honest services mail fraud. As noted by Professor George Brown, though the controversy over whether the national government should be responsible for prosecuting …
Rothgery V. Gillespie County: Applying The Supreme Court's Latest Sixth Amendment Jurisprudence To North Carolina Criminal Procedure, Rebecca Yoder
Rothgery V. Gillespie County: Applying The Supreme Court's Latest Sixth Amendment Jurisprudence To North Carolina Criminal Procedure, Rebecca Yoder
Campbell Law Review
Despite the Court's efforts in Rothgery to shore up a "bright-line rule" for attachment based upon prior case law, the contours of the Sixth Amendment right to counsel are still somewhat obscure. To understand the impact of the Court's holding, each state will need to assess its criminal procedure and identify how to reconcile the Court's holding with current practices. This Comment identifies two areas of North Carolina criminal procedure that have been impacted by the Court's holding in Rothgery: (1) the expanded scope of a defendant's protection under the Sixth Amendment during police questioning under Rothgery; and (2) Rothgery's …
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Campbell Law Review
What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
Campbell Law Review
The purpose of this article is to bring awareness to the misapplication of North Carolina's (f)(1) mitigating circumstance. Part II provides the legal development of the Eighth Amendment in the United States Supreme Court. Part III provides a background on North Carolina's death penalty scheme. Part IV addresses North Carolina law on mitigating circumstances. Finally, Part V provides analogous situations in the criminal law of North Carolina where the same acts admitted under the (f)(1) mitigating circumstance are treated as "significant", including The Structured Sentencing Act, The Habitual Offender Act, and the submission of the (e)(3) aggravating circumstance and the …
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
Campbell Law Review
No abstract provided.
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Campbell Law Review
This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Campbell Law Review
Using the nine modes of impeachment recognized by the common law, I will examine some of the possibilities for impeaching hearsay declarants. As I explore each mode, I will discuss whether extrinsic, as well as intrinsic, evidence may be used to impeach the hearsay evidence.
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Campbell Law Review
This Note discusses the nature, history, and effect of DNA profiling and supports the Pennington court's holding as the correct approach. Although the court adopted the majority view, and most likely the correct view, this area of law still remains in a state of confusion.
Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.
Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.
Campbell Law Review
This Note proposes that those statutes which permit admission of videotaped testimony and most uses of closed-circuit televised testimony violate a criminal defendant's sixth amendment right to "confront his accusers." In Coy v. Iowa, the United States Supreme Court recently held that one state's practice of shielding the defendant from the view of the child witness during the child's testimony violated the defendant's right to confrontation. Following the Court's analysis, this Note discusses the various problems arising from the use of videotaped or closed-circuit televised testimony. Concluding that the admission of such testimony is not a constitutionally permissible substitute …
Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper
Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper
Campbell Law Review
This Note discusses the nature and history of hypnosis and supports the Rock Court's holding as the correct approach. The procedural safeguards approach decreases risks associated with hypnosis that may adversely affect the reliability of a defendant's subsequent testimony and protects a defendant's constitutional right to testify in her own behalf. This approach allows a court to admit hypnotically enhanced testimony where there are indices that the testimony is reliable and advances our judicial system's search for the truth.
Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander
Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander
Campbell Law Review
This Note will assess the ramifications and effect of Arizona v. Hicks on existing search and seizure law and law enforcement in general. Further, it will propose and evaluate a more flexible alternative approach that the Court could have taken.
Criminal Procedure - North Carolina's New Approach To Recanted Testimony - State V. Britt, Walter L. Jones
Criminal Procedure - North Carolina's New Approach To Recanted Testimony - State V. Britt, Walter L. Jones
Campbell Law Review
This Note will discuss how other jurisdictions have attempted to deal with recanted testimony and the criticisms directed toward these methods. This Note will further discuss why the modified version of the Larrison rule, as adopted by the North Carolina Supreme Court, is immune from these same criticisms. With Britt, the court seems to have adopted Larrison's positive principles without adding fuel to the conflict that decision created.
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
Campbell Law Review
Judges frequently assume that a lawyer who has engaged in the preparation of pleadings, the extensive discovery practice permitted by both civil and criminal statutes, and who has presented all of his or her evidence to a jury has also researched and understands the law applicable to the lawsuit. Lawyers frequently assume that a judge who has reviewed the court file and presided over the evidentiary portion of the trial also fully comprehends the law of the action. Unfortunately, neither assumption is completely correct, although both bar and trial bench correctly interpret and apply our complex and ever growing body …
Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman
Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman
Campbell Law Review
This note analyzes the public policy implications of the Ake decision while considering the resulting impact on North Carolina. The note also evaluates the soundness of the decision with respect to the requirement of a preliminary showing. Finally, recommendations for implementing the Ake rule are discussed while examining whether "access to a competent psychiatrist" is in fact a standard of constitutional disadvantage for the indigent criminal defendant.
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Campbell Law Review
This Survey provides a guide to defense attorneys who must deal with the statutory aggravating and mitigating factors set out in the Fair Sentencing Act. The Survey reviews the major cases handed down by the North Carolina Supreme Court since the Act was passed. It then concentrates on all cases from the appellate courts from August 1981 through August 1986, with a view to analyzing each aggravating and mitigating factor. The Survey seeks to show what factors are most likely to result in a remand for resentencing on appeal, and what elements each factor should contain for a successful appeal.
Criminal Procedure - The Admissibility Of Evidence Obtained Through Hypnosis - State V. Peoples, Sharon L. Hartman
Criminal Procedure - The Admissibility Of Evidence Obtained Through Hypnosis - State V. Peoples, Sharon L. Hartman
Campbell Law Review
This Note examines the problems bearing on admissibility of hypnotically induced or refreshed testimony in view of the literature discussing the effects of hypnosis on the witness. It focuses on whether the rule on inadmissibility adopted in Peoples should be a per se rule or should be subject to limited exceptions. Finally it considers the effect of the decision on criminal investigations and law enforcement.
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Campbell Law Review
The purpose of this Note is to examine the fourth amendment implications of the holding in Villamonte-Marquez. The Note will examine the Court's treatment of Section 1581(a) under which the search arose, analyze the judicial treatment of the decisions relied on by the Court and criticize the Court's treatment of the "reasonableness" of the governmental intrusion. The Note concludes that because private cabin-boaters have great interests against arbitrary intrusion by officials, cases such as Villamonte-Marquez should be scrutinized more carefully to preserve the protection of the fourth amendment.
Criminal Procedure - Edwards V. Arizona Is Alive But Not Well In North Carolina - State V. Franklin, John Lloyd Coble
Criminal Procedure - Edwards V. Arizona Is Alive But Not Well In North Carolina - State V. Franklin, John Lloyd Coble
Campbell Law Review
The purpose of this note is to analyze the North Carolina Supreme Court's decision in State v. Franklin, in light of the United States Supreme Court's Edwards rule, to show how the North Carolina court deviated from the rule and failed to exclude from trial evidence obtained in violation of defendant's constitutionally protected rights.
Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland
Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland
Campbell Law Review
This note will analyze the unique circumstances of Jerrett in light of the purposes for a change of venue motion and consider the precendential value, if any, of this case. In addition, the methodology employed by the court will be examined to determine if it provides a sufficient guide to the practicing attorney.
Criminal Procedure - The Role Of The Search Warrant In Fire Investigations - Michigan V. Clifford, Samuel A. Mann
Criminal Procedure - The Role Of The Search Warrant In Fire Investigations - Michigan V. Clifford, Samuel A. Mann
Campbell Law Review
This note will attempt to determine whether the Court was successful in clarifying the doubt concerning the application of the precepts stated in Tyler, or whether the Court may have sown new seeds of confusion in this area.
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Campbell Law Review
Prior to the North Carolina Supreme Court's holding in State v. Strickland, the rule governing second degree murder jury instructions in a first degree murder case was clear. In all murder cases in which the prosecution relied on the elements of premeditation and deliberation to prove that first degree murder had been committed, the trial judge was required to submit the issue of second degree murder to the jury. This rule came from the Court's unanimous decision in State v. Harris. The Court adhered to this rule in several later cases until it heard Strickland in 1983. Apparently …
Criminal Procedure - Oliver And The Open Fields Doctrine - Oliver V. United States, T. Michael Godley
Criminal Procedure - Oliver And The Open Fields Doctrine - Oliver V. United States, T. Michael Godley
Campbell Law Review
In examining the vitality of the open fields doctrine, this note will consider the development of the doctrine, the controversy caused by the Katz v. United States opinion, and the Oliver decision itself. Weaknesses in the majority's analysis will be discussed and alternative approaches will be given. According to the Supreme Court in Oliver, open fields are not entitled to fourth amendment protections, nor are expectations of privacy within those fields deemed reasonable.
Criminal Procedure - Speedy Trial Clause Not Applicable To Time Between Dismissal Of Military Charges And Subsequent Indictment On Civilian Charges, Frank Prior
Campbell Law Review
This note will analyze the Supreme Court's holding in United States v. MacDonald in view of the purposes of the speedy trial guarantee and consider possible alternatives to the drastic remedy of dismissal.