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Colorado Judge: Breath Test Results Tainted by Widespread Fraud

A Colorado judge issued an order barring the use of breath test evidence in cases originating from July 2015 to the present, following a hearing requested by defense attorney Danny Luneau on behalf of a client.  Luneau established at the hearing that the calibration records of breath test instruments in the county had been falsified by state employees seeking...

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State v. Scaturro: Leaving the scene of an accident intentionally is not necessarily a crime

The NC Court of Appeals issued an opinion in State v. Scaturro (PDF) on Tuesday that clarified an important point relating to the obligations of an individual involved in a car crash pursuant to N.C.G.S. § 20-166.  Scaturro was a case in which the defendant struck a boy on a bicycle with his vehicle, after the boy made a change of...

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North Carolina Criminal District Court: A “Court of No Record”

I was a public defender in DC for a number of years before my family and I moved to North Carolina and I began practicing criminal law here in NC.  I was tuned into what I believed were real, systemic problems in the criminal justice system in DC during my time there.  Wildly disproportionate prosecution of minorities, judges with...

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Sitting in judgment of DUIs one day, on trial the next

A judge in Fairfax County, VA was arrested on a DUI charge and subsequently removed from presiding over DUI cases in the county. The scale of the hypocrisy that infects our entire judicial system is difficult to fathom until you see it up close, and realize that prosecutors routinely commit crimes for which they prosecute others (examples from 2017 alone:...

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