Business Records: Posts, Chats, and Texts. Published for NC Criminal Law on March 09, 2021. Several prior posts on this blog have addressed authenticating and admitting digital evidence like social media posts and text messages (see here, here, here, and here) and we’ve also previously covered the basic rules and requirements for using …That brings us to the new NC case, State v. Miller, ___ N.C. ___ (June 8, 2018), in which the defendant was charged with murdering his estranged wife, Ms. Wells. Approximately nine months before the murder, Officer Kato responded to a domestic call at the victim’s apartment. Kato made contact with Wells outside of her apartment.The 48-hour limit was adopted when Chapter 15A was enacted in 1973 and it has remained unchanged ever since. The official commentary indicates that “[f]ormerly, North Carolina law provided no time limit for the execution of search warrants” and that the new rule was designed to prevent searches based on …If you want to shoot him a welcome email or have a legal question for him, please feel free to reach out. His email is [email protected], and his phone number is 919-966-4377. It is my pleasure to announce that Daniel “Danny” Spiegel has joined the Courts Group faculty here at the School of Government as an …James M. Markham. Published for NC Criminal Law on July 08, 2020. A new law provides a limited possibility of sentencing and post-conviction relief for certain defendants convicted of drug trafficking. The law, S.L. 2020-47, is called the North Carolina First Step Act. I wrote about it earlier in the year, here, when it was still under ...This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 20, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. The summary of In re Laliveres below was prepared by Prof. …The North Carolina General Assembly has been hard at work this legislative session, having already passed several bills affecting criminal law and procedure. There are a handful of laws that have already taken effect. As is typically the case, most of the other laws have an effective date of December 1 to allow the courts to prepare for the ...Published for NC Criminal Law on March 30, 2015. I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers can’t lawfully run drug dogs around every vehicle stopped at a checkpoint. (2) Officers can lawfully run drug dogs …Delta-8 tetrahydrocannabinol (“delta-8 THC”) is an isomer of the more (in)famous cannabinoid, delta-9 THC. The two chemicals are closely related and are distinguished only by a single chemical bond, according to Wikipedia and other sources. The compound is naturally present in small quantities in hemp and marijuana.Case Summaries: N.C. Supreme Court (Oct. 20, 2023) October 25, 2023 by Alex Phipps. This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from … Denning has written extensively about North Carolina’s motor vehicle laws, including a book on the law of impaired driving. She is a regular contributor to the North Carolina Criminal Law blog and a co-coauthor of Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. She joined the School of Government in 2003. If a person writes a check without sufficient funds in an associated account to cover it, the check will bounce, or be returned for insufficient funds. Each state has laws regulati...Mar 11, 2021 · The modern rule applies to businesses, organizations, and associations “of every kind,” and the covered records include any report, memorandum, or “data compilation, in any form.”. G.S. 8C-803 (6), Official Commentary. As explained more fully in the prior posts linked above, the exception generally applies as long as the records were ... Delta-8 tetrahydrocannabinol (“delta-8 THC”) is an isomer of the more (in)famous cannabinoid, delta-9 THC. The two chemicals are closely related and are distinguished only by a single chemical bond, according to Wikipedia and other sources. The compound is naturally present in small quantities in hemp and marijuana.Civilian Traffic Enforcement Comes to North Carolina. Published for NC Criminal Law on July 05, 2023. Editor’s note: We are pleased to welcome M. Jeanette Pitts to the blog as an author. Jeanette is a Legal Research Specialist at the Criminal Justice Innovation Lab. According to a report by the North Carolina Division of Motor Vehicles, …G.S. 20-139.1 (a). A chemical analysis is a test of a person’s breath, blood or other bodily fluid or substance to determine the person’s alcohol concentration or presence of an impairing substance carried out in accordance with G.S. 20-139.1. G.S. 20-4.01 (3a). The second rule applies only to breath tests. It provides that a chemical ...Current Developments in Criminal Law. This course is sponsored by UNC-Chapel Hill School of Government, and Office of Indigent Defense Services. School of Government faculty Phil Dixon, Jr. and Danny Spiegel will discuss state and federal appellate court decisions and other recent criminal law developments.The Supreme Court of the United States decided a malicious prosecution case earlier this month. The case is Thompson v.Clark, 596 U.S. __ (2022), and it has been the subject of some overheated media reports.For example, one outlet claimed that before Thompson, “[p]olice officers could frame people, file bogus charges, [and] conjure …The North Carolina courts have had several occasions to undertake such an analysis. Among the crimes that our courts have identified as strict liability offenses are: G.S. 14-27.2 (first-degree statutory rape). State v. Anthony, 351 N.C. 611, 616 (2000); State v. Rose, 312 N.C. 441, 445 (1984); State v.Shea Riggsbee Denning. Published for NC Criminal Law on July 12, 2021. A few weeks ago the United States Supreme Court decided Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021), holding that the flight of a person suspected of a misdemeanor offense does not categorically justify an officer’s warrantless entry into a …Published for NC Criminal Law on July 13, 2017. With another legislative session in the books, it’s time for an update to the sex offender registration and monitoring flow chart. The revised chart is here. In addition to routine citation and formatting maintenance, it makes the following changes. A blog by the faculty and staff of the UNC School of Government that disseminates information about North Carolina criminal law and procedure and related topics. The blog invites topic suggestions, but does not accept guest posts from outside authors. The authors welcome feedback and comments from the readers. Any changes to Northern Ireland's law will now be up to the politicians. Human-rights campaigners lost their case over the legality of Northern Ireland’s abortion law on a technica...Book review of Andy Greenberg's "Tracers in the Dark," a tale of how law enforcement agencies have gone after cybercriminals on the blockchain. “That was the only path through this...Jun 19, 2023 · Published for NC Criminal Law on June 19, 2023. Earlier this month, the Third Circuit, sitting en banc, found the federal felon-in-possession statute unconstitutional as applied. The decision was based on the new interpretive approach announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. __, 142 S. Ct. 2111 (2022). This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 20, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. The summary of In re Laliveres below was prepared by Prof. …The court of appeals in State v. Taylor, 212 N.C. App. 238, 248–49 (2011), held that that two-year statute of limitations for misdemeanor offenses does not apply when the issue of a defendant’s guilt of a misdemeanor offense is submitted to the jury as a lesser included offense of a properly charged felony. In …The “single taking” rule prevents a defendant from being charged or convicted multiple times for a single continuous act or transaction. State v. Adams, 331 N.C. 317, 333 (1992). In larceny cases, the single taking rule works to punish a defendant for only one count of larceny regardless of how many items were taken …The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense.May 21, 2019 · To quote from the memo: Hemp and marijuana look the same and have the same odor, both burned and unburned. This makes it impossible for law enforcement to use the appearance of marijuana to develop probable cause for an arrest, seizure of an item, or probable cause for a search warrant. In order for law enforcement to seize and analyze an item ... The blog covers various topics related to criminal law in North Carolina, such as case summaries, news, book reviews, and policy issues. It is updated regularly …The New Fine Amounts. The numbers listed above will soon change in a significant way for certain drugs. Under the revised G.S. 90-95 (h), if the trafficking offense involves heroin, fentanyl, carfentanil, or any mixtures or derivatives of those substances, the fines will be: Level I Trafficking (4 – 13.9 grams) = …It is, however, interesting to look at the number of reported charges and convictions. Overall, the report lists 10,946 charges for criminal ordinance offenses and 2,701 convictions for those crimes. By contrast, misdemeanor larceny, the most charged non-traffic misdemeanor in 2018 lists 43,908 charges and 18,820 convictions.Defending Death by Distribution Cases. Phil Dixon Jr. Published for NC Criminal Law on January 21, 2020. Shea blogged about the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4, here. These crimes hit the books this past December, and 2020 will likely see the first …This session, the General Assembly amended the rules governing disclosure of recordings that depict death or serious bodily injury to require (1) that a court determine whether a recording be disclosed; and (2) that the court make such a determination within seven business days of the filing of a disclosure petition.Published for NC Criminal Law on November 01, 2022. It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details. The New (New) G.S. 90-94.December 8, 2021 by John Rubin. As in recent sessions, the General Assembly remained active in revising North Carolina’s expunction laws. The biggest changes came in S.L. 2021-118 (S 301), as amended by section 2.3 of S.L. 2021-167 (H 761). The legislation expanded the opportunity for a person to expunge older convictions of “nonviolent ...Public criminal records are documents that contain information about an individual’s criminal history. These records are maintained by various government agencies, including courts...News Roundup. A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state to decriminalize the …Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. We also explore selected legislation in more depth on this blog.The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of [email protected] UNC School of Government© 1 . Criminal Case Law Update . Fall 2023 . Cases covered include published criminal and related decisions from the the Fourth Circuit Court of Appeals and North Carolina appellate courts decided between November 4, 2022, and September 12, 2023.Criminal behavior is defined as an act or failure to act in a way that violates public law. Public law is most often established by a governing body, and will therefore vary betwee...DWI Update: May 2020 Edition. Shea Riggsbee Denning. Published for NC Criminal Law on May 18, 2020. My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, there are no …Jun 4, 2019 · The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense. Published for NC Criminal Law on June 14, 2018. Under the Crawford Confrontation Clause rule, testimonial statements by witnesses who aren’t subject to cross-examination at trial can’t be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination.Jun 6, 2023 · S 20 enacts a new misdemeanor crime of domestic violence, codified as G.S. 14-32.5. Under this new law, a person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person. The person who commits the offense must have one of the following ... Current Developments in Criminal Law. This course is sponsored by UNC-Chapel Hill School of Government, and Office of Indigent Defense Services. School of Government faculty Phil Dixon, Jr. and Danny Spiegel will discuss state and federal appellate court decisions and other recent criminal law developments.Sep 22, 2021 · This session, the General Assembly amended the rules governing disclosure of recordings that depict death or serious bodily injury to require (1) that a court determine whether a recording be disclosed; and (2) that the court make such a determination within seven business days of the filing of a disclosure petition. May 17, 2021 · G.S. 14-453 defines “government computer” as any computer, computer program, computer system, computer network, or any part thereof, that is owned, operated, or used by any State or local governmental entity. Accessing government computers, when committed for the purpose of fraud or obtaining property or services, is a Class F felony. Arson Law Revisions. Published for NC Criminal Law on June 27, 2022. The North Carolina General Assembly recently passed S.L. 2022-8 which makes various changes to the existing arson laws. The new criminal provisions go into effect on December 1, 2022 and apply to offenses committed on or after that date. The law includes a savings clause which ...As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12,000 public officials each year. The School provides content and resources for a wide array of local government and judicial officials in North Carolina.Find the best, fully accredited online associate degrees in criminal justice and see all the opportunities available to students. Written by TheBestSchools.org Staff Contributing W...In State v. Humphreys, ___ N.C. App. ___ (Dec. 31, 2020), the defendant’s daughter drove the defendant’s car to high school. During a random canine walkthrough of the school’s parking lot, the dog alerted on the car. The defendant was notified and quickly arrived on scene.That brings us to the new NC case, State v. Miller, ___ N.C. ___ (June 8, 2018), in which the defendant was charged with murdering his estranged wife, Ms. Wells. Approximately nine months before the murder, Officer Kato responded to a domestic call at the victim’s apartment. Kato made contact with Wells outside of her apartment.G.S. 20-139.1 (a). A chemical analysis is a test of a person’s breath, blood or other bodily fluid or substance to determine the person’s alcohol concentration or presence of an impairing substance carried out in accordance with G.S. 20-139.1. G.S. 20-4.01 (3a). The second rule applies only to breath tests. It provides that a chemical ...May 31, 2018 · In 2012, the General Assembly enacted a final statutory limit on PJCs in G.S. 15A-1331.2. Under that law, the court shall not dispose of any Class B1–E felony by ordering a PJC that exceeds 12 months. Any PJC ordered in those cases must include as a condition that the State shall pray judgment within some specific time not to exceed 12 months. Reference and research services are available to all residents of North Carolina, and additional assistance is available to state and local government personnel, both elected and appointed. Criminal Law Blog. Covers North Carolina criminal law and procedure and related topics. Published for NC Criminal Law on November 01, 2022. It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details. The New (New) G.S. 90-94.Feb 22, 2024 · Case Summaries: N.C. Court of Appeals (Dec. 5, 2023) December 7, 2023 by. This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 5, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. It is, however, an issue that arises in criminal cases. The term “corpus delicti” (sometimes spelled corpus delecti) means the body of the crime. Black’s Law Dictionary 310 (5 th ed. 1979); State v. Smith, 362 N.C. 583, 589 (2008). It refers to the substance of the crime, which ordinarily includes two elements: the act and the criminal ...The new 48-hour law applies to defendants who were on pretrial release before October 1. New G.S. 15A-533 (h) is effective for offenses committed on or after October 1, 2023. This language means that the new 48-hour rule applies to all offenses committed on or after that date, regardless of when the defendant …The connection to federal law stems from G.S. 14-208.12A(a1)(2), which says that a court may grant a petition for removal only if “[t]he requested relief complies with the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the …Arson Law Revisions. Published for NC Criminal Law on June 27, 2022. The North Carolina General Assembly recently passed S.L. 2022-8 which makes various changes to the existing arson laws. The new criminal provisions go into effect on December 1, 2022 and apply to offenses committed on or after that date. The law includes a savings clause which ...Ordinarily, police departments cannot access personal bank account information, which is protected by key privacy rights in the United States (laws for accessing banking informatio...DWI Update: May 2020 Edition. Shea Riggsbee Denning. Published for NC Criminal Law on May 18, 2020. My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, there are no …Last month, the North Carolina General Assembly passed S.L. 2023-14 (S 20) which largely covers changes to abortion laws. Within this bill is also a newly defined “misdemeanor crime of domestic violence,” which takes effect for offenses committed on or after December 1, 2023. This post discusses the utility of the new offense and the ...McLymore, 380 N.C. 185, 868 S.E.2d 67 (2022), our Supreme Court held that Section 14‑51.3 “supplants the common law on all aspects of the law of self-defense addressed by its provisions,” and “the only right to perfect self-defense available in North Carolina [is] the right provided by statute.”. Id. at 191, 868 S.E.2d at 72-73.Shea Riggsbee Denning. Published for NC Criminal Law on July 12, 2021. A few weeks ago the United States Supreme Court decided Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021), holding that the flight of a person suspected of a misdemeanor offense does not categorically justify an officer’s warrantless entry into a …G.S. 20-139.1 (a). A chemical analysis is a test of a person’s breath, blood or other bodily fluid or substance to determine the person’s alcohol concentration or presence of an impairing substance carried out in accordance with G.S. 20-139.1. G.S. 20-4.01 (3a). The second rule applies only to breath tests. It provides that a chemical ...The blog covers various topics related to criminal law in North Carolina, such as case summaries, news, book reviews, and policy issues. It is updated regularly …Outside the criminal law arena, lawyers will use AI to draft contracts and similar documents. One of the world’s largest law firms is already using an AI platform to assist its attorneys. AI will also substitute for, or supplement, lawyers providing elementary legal advice. Want to know the basics of deferred …Business Records: Posts, Chats, and Texts. March 9, 2021 by Jonathan Holbrook. Several prior posts on this blog have addressed authenticating and admitting …Felony murder in North Carolina. The felony murder rule in North Carolina is codified in G.S. 14-17 (a). That statute defines first-degree murder to include a homicide committed in the perpetration or attempted perpetration of any of the following felonies: a felony committed or attempted with the use of a deadly …S 20 enacts a new misdemeanor crime of domestic violence, codified as G.S. 14-32.5. Under this new law, a person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person. The person who commits the offense must have one of the following ...Book review of Andy Greenberg's "Tracers in the Dark," a tale of how law enforcement agencies have gone after cybercriminals on the blockchain. “That was the only path through this... As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12,000 public officials each year. The School provides content and resources for a wide array of local government and judicial officials in North Carolina. Consolidation of Sentences. Published for NC Criminal Law on October 13, 2015. North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15 (b); G.S. 15A-1340.22 (b) covers misdemeanors. The rule is the same for both types of crimes: when you …Published for NC Criminal Law on March 02, 2017. In North Carolina, probationers, post-release supervisees, and parolees are subject to warrantless searches—sometimes by a probation-parole officer, sometimes by law enforcement officers. The statutory conditions that apply to each type of offender and officer …Jan 21, 2020 · Defending Death by Distribution Cases. Phil Dixon Jr. Published for NC Criminal Law on January 21, 2020. Shea blogged about the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4, here. These crimes hit the books this past December, and 2020 will likely see the first prosecutions under the law. The North Carolina Court of Appeals on August 2, 2016, ruled in State v. Pigford that although an officer had probable cause to search a vehicle, he did not have probable cause to search a vehicle occupant based on the marijuana odor.Outside the criminal law arena, lawyers will use AI to draft contracts and similar documents. One of the world’s largest law firms is already using an AI platform to assist its attorneys. AI will also substitute for, or supplement, lawyers providing elementary legal advice. Want to know the basics of deferred …Unc sog criminal law blog
Case Summaries: N.C. Supreme Court (Oct. 20, 2023) October 25, 2023 by Alex Phipps. This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from …The School of Government Has a New Dean. Jeffrey B. Welty. Published for NC Criminal Law on February 20, 2023. The School of Government was founded 92 years ago as the Institute of Government. To say that the School has had continuity of leadership would be an understatement. The top job has been held by just four people, three of …The court must apply 20 days of jail credit to Sentence A (10/1–10/21) and 10 days of jail credit to Sentence B (10/11–10/21). Let me change the facts of Example 2 a little. Suppose for some reason Sentence B (an active sentence to 100 days) was imposed 10/21/2017, but Sentence A did not get imposed until 10/31/[email protected] UNC School of Government© 1 . Criminal Case Law Update . Fall 2023 . Cases covered include published criminal and related decisions from the the Fourth Circuit Court of Appeals and North Carolina appellate courts decided between November 4, 2022, and September 12, 2023.Today’s post takes a closer look at the threshold question of which crimes are covered under the law. Under prior law, the crimes covered under the Crime Victims’ Rights Act (CVRA) were listed in G.S. 15A-830 (7). They included all Class A through Class E felonies, a list of enumerated felonies, certain misdemeanors when committed between ...The Internal Revenue Service Criminal Investigation (IRS-CI) recently listed the top ten most prominent and high-profile cases they investigated during 2021. The Internal Revenue S...This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 7, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Trial court did not err when denying motion to dismiss due to sufficient …Published for NC Criminal Law on June 19, 2023. Earlier this month, the Third Circuit, sitting en banc, found the federal felon-in-possession statute unconstitutional as applied. The decision was based on the new interpretive approach announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. __, 142 S. Ct. 2111 (2022).Ordinarily, police departments cannot access personal bank account information, which is protected by key privacy rights in the United States (laws for accessing banking informatio...Arson Law Revisions. Published for NC Criminal Law on June 27, 2022. The North Carolina General Assembly recently passed S.L. 2022-8 which makes various changes to the existing arson laws. The new criminal provisions go into effect on December 1, 2022 and apply to offenses committed on or after that date. The law includes a savings clause which ...Delta-8 tetrahydrocannabinol (“delta-8 THC”) is an isomer of the more (in)famous cannabinoid, delta-9 THC. The two chemicals are closely related and are distinguished only by a single chemical bond, according to Wikipedia and other sources. The compound is naturally present in small quantities in hemp and marijuana.A Warning Shot about Self-Defense. John Rubin. Published for NC Criminal Law on September 07, 2016. Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he fires a warning shot.Blogs | NC Criminal Law. New SOG Bulletin: ... Feel free to reach me anytime at [email protected] or (919) 962-9594. Finally, I want to say a very genuine thank you to Aimee Wall, John Rubin, Sara DePasquale, and Phil Dixon, Jr., for their significant contributions to this bulletin.The North Carolina courts have had several occasions to undertake such an analysis. Among the crimes that our courts have identified as strict liability offenses are: G.S. 14-27.2 (first-degree statutory rape). State v. Anthony, 351 N.C. 611, 616 (2000); State v. Rose, 312 N.C. 441, 445 (1984); State v.Criminal behavior is defined as an act or failure to act in a way that violates public law. Public law is most often established by a governing body, and will therefore vary betwee...In State v. Garris, 191 N.C. App. 276 (2008), the court of appeals held that a defendant may be "convicted and sentenced only once for possession of a firearm by a felon based on his simultaneous possession of [multiple] firearms." In State v. Wiggins, __ N.C. App. __, 707 S.E.2d 664 (2011), the court extended the logic of Garris to a defendant ...August 1, 2022 by Jeff Welty. Over the past several months, I’ve been dropping by clerks’ offices to look at search warrants. I’ve made it to six offices, including offices in eastern, central, and western North Carolina, and in urban and rural areas. I’ve reviewed and made notes on 279 warrants and have at least skimmed hundreds more.Reference and research services are available to all residents of North Carolina, and additional assistance is available to state and local government personnel, both elected and appointed. One Case, Two Ways of Authenticating Video. Published for NC Criminal Law on June 27, 2016. Technologists tell us that we are in the age of …Outside the criminal law arena, lawyers will use AI to draft contracts and similar documents. One of the world’s largest law firms is already using an AI platform to assist its attorneys. AI will also substitute for, or supplement, lawyers providing elementary legal advice. Want to know the basics of deferred …March 7, 2016 by Jeff Welty. The court of appeals recently decided State v. Ford, a case about the authentication of social media evidence. This is the first North Carolina appellate case to give careful consideration to the issue, and the opinion sets a relatively low bar for authentication. Because this type of evidence …Aug 23, 2023 · G.S. 15A-534.1 (a). North Carolina’s new Pretrial Integrity Act, effective October 1, 2023, and applying to offenses committed on or after that date, creates significant additional exceptions to the general rule. (The statute also changes a provision in juvenile law; that change is beyond the scope of this post.) As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12,000 public officials each year. The School provides content and resources for a wide array of local government and judicial officials in North Carolina.Denning has written extensively about North Carolina’s motor vehicle laws, including a book on the law of impaired driving. She is a regular contributor to the North Carolina Criminal Law blog and a co-coauthor of Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. She joined the School of Government in 2003.The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense.Oct 4, 2022 · North Carolina Criminal Pattern Jury Instruction (N.C.P.I.) 208.61 (Feb. 2005) provides that strangulation involves “a form of asphyxia characterized by closure of the blood vessels and/or air passages of the neck as a result of external pressure on the neck brought about by hanging, ligature, or the manual assertion of pressure.”. Jun 4, 2019 · The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense. State or federal government bring criminal actions against parties that are accused of violating the law and civil actions are non-criminal acts brought against those accused of vi...Near the end of last year, the North Carolina Supreme Court decided State v. Taylor, 2021-NCSC-164, 866 S.E.2d 740 (2021), and we summarized the opinion here. This post considers the potential impact of Taylor on other offenses involving threatening speech, and addresses a couple lingering questions that may arise in future cases.About the SOG Judicial College’s Certification Program for Magistrates. The Judicial College offers magistrates the opportunity to become certified upon completion of a specific combination of Judicial College seminars and general training events. Two types of certifications are offered, one in criminal law and …United States, 575 U.S. __ (2015), a traffic stop may last no longer than necessary to complete the “mission” of the stop — addressing the traffic violation that prompted the stop while attending to officer safety. When waiting for another officer is part of the mission of the stop is a question with which courts across the country are ...The Supreme Court of the United States decided a malicious prosecution case earlier this month. The case is Thompson v.Clark, 596 U.S. __ (2022), and it has been the subject of some overheated media reports.For example, one outlet claimed that before Thompson, “[p]olice officers could frame people, file bogus charges, [and] conjure …State v. Thorpe, ___ N.C. App. ___, 2021-NCCOA-701 (Dec. 21, 2021). The defendant, who had underlying health conditions, was not entitled to relief on a MAR under G.S. 15A-1415 (b) (8) on the basis of his prison sentence being invalid as a matter of law as a form of cruel and unusual punishment due to the coronavirus pandemic.Jun 4, 2019 · The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense. Published for NC Criminal Law on June 14, 2018. Under the Crawford Confrontation Clause rule, testimonial statements by witnesses who aren’t subject to cross-examination at trial can’t be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination.The blog post discusses a new law that allows a conditional discharge and dismissal for certain offenses involving threats and false reports of mass violence. It explains the eligibility criteria, the procedure, and the consequences of the discharge and dismissal. It also compares the new law with other existing laws on …Greer, 173 N.C. 758 (1917), a probationer was revoked based on a new criminal offense even though he was found not guilty at his criminal trial on the charge. The Greer court reasoned that the jury verdict was not binding on the local judge who activated the suspended sentence, because he exercised his independent discretion based on the …News Roundup. A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state to decriminalize the …See G.S. 105-113.108. Furthermore, any information obtained by the Department in the course of administering these laws is considered confidential tax information, and it may not be used in a criminal prosecution; in fact, any agent or employee who violates this prohibition is guilty of a Class 1 misdemeanor. See G.S. 105-113.112; …North Carolina Criminal Law; ... Blog Posts; Timely updates on emerging issues. Centers and Services; Specialized training/research hubs and consulting services. ... The defendant asked the trial judge to instruct the jury pursuant to North Carolina Pattern Jury Instruction 105.40, which instructs that the jury should not consider a …May 18, 2022 · As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12,000 public officials each year. The School provides content and resources for a wide array of local government and judicial officials in North Carolina. March 7, 2016 by Jeff Welty. The court of appeals recently decided State v. Ford, a case about the authentication of social media evidence. This is the first North Carolina appellate case to give careful consideration to the issue, and the opinion sets a relatively low bar for authentication. Because this type of evidence … Roles / Topics. The Criminal Law in North Carolina microsite is a collection of educational resources created and compiled by criminal law faculty at the School of Government to assist people who work in the North Carolina criminal courts and criminal justice system. Please feel free to contact us with questions in our areas of expertise or ... Published for NC Criminal Law on December 20, 2012. After I eliminated this offense from the 7 th edition of North Carolina Crimes , a few people asked me to add it back in. A statistics report from the N.C. Administrative Office of the Courts shows that in 2011 this crime was charged in 340 cases.Published for NC Criminal Law on March 30, 2015. I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers can’t lawfully run drug dogs around every vehicle stopped at a checkpoint. (2) Officers can lawfully run drug dogs …Cabbage-based slaws—cole or otherwise—are transcendent when properly executed, but so easy to mess up completely. No one wants a bowl of cabbage shreds swimming in overly-sweetened...Sep 7, 2021 · Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. We also explore selected legislation in more depth on this blog. Most criminal law legislation has an effective date of December 1 to allow the courts to prepare for the changes. In order to be a crime of domestic violence under federal immigration law, the offense must meet the federal definition of a “crime of violence” under 18 U.S.C. 16 and …The School of Government Has a New Dean. Jeffrey B. Welty. Published for NC Criminal Law on February 20, 2023. The School of Government was founded 92 years ago as the Institute of Government. To say that the School has had continuity of leadership would be an understatement. The top job has been held by just four people, three of …Jan 21, 2020 · Defending Death by Distribution Cases. Phil Dixon Jr. Published for NC Criminal Law on January 21, 2020. Shea blogged about the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4, here. These crimes hit the books this past December, and 2020 will likely see the first prosecutions under the law. The same rule applies when a defendant is charged with domestic criminal trespass or with violating a domestic violence protective order. If, after 48 hours, a judge hasn't yet set the defendant's bond, a magistrate acquires the power to set the bond. For example, if a defendant is arrested on Friday night, normally no judge will be available ...Defending Death by Distribution Cases. Shea blogged about the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4, here. These crimes hit the books this past December, and 2020 will likely see the first prosecutions under the law. The Health In Justice Action Lab at Northeastern University School of …The School provides content and resources on a wide array of topics in local government and judicial administration in North Carolina. Select a topic to explore all related content. Local and State GovernmentIn Georgia v. McCollum, 505 U.S. 42 (1992), the court held that Batson also prohibits criminal defendants from making race-based peremptory challenges, a practice that may give rise to a “reverse Batson challenge.”. Facts of Hurd: The defendant was indicted on three counts of first degree murder, among other charges.In Georgia v. McCollum, 505 U.S. 42 (1992), the court held that Batson also prohibits criminal defendants from making race-based peremptory challenges, a practice that may give rise to a “reverse Batson challenge.”. Facts of Hurd: The defendant was indicted on three counts of first degree murder, among other charges. Last summer, the legislature passed Session Law (S.L.) 2023-95, which amended G.S. 122C-53(a), the North Carolina statute governing the release of confidential information about patients receiving behavioral health services, including mental health and substance use disorder (SUD) care. Specifically, the new law aligns state legal requirements... Oct 4, 2022 · North Carolina Criminal Pattern Jury Instruction (N.C.P.I.) 208.61 (Feb. 2005) provides that strangulation involves “a form of asphyxia characterized by closure of the blood vessels and/or air passages of the neck as a result of external pressure on the neck brought about by hanging, ligature, or the manual assertion of pressure.”. The shooting death of Deah Barakat, his wife, and her sister will be forever etched in the minds of Tar Heels. Death haunts the University of North Carolina community, just like it...News Roundup. A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state to decriminalize the …Dec 20, 2012 · The North Carolina Supreme Court “attach[ed] no importance to the fact that the defendant had no arms” stating, “we think it may be conceded that the driving or riding without arms through a court house or a crowded street at such a rate or in such a manner as to endanger the safety of the inhabitants amounts to a breach of the peace and ... Denning has written extensively about North Carolina’s motor vehicle laws, including a book on the law of impaired driving. She is a regular contributor to the North Carolina Criminal Law blog and a co-coauthor of Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. She joined the School of Government in 2003. Salkil, 10 F.4th 897 (8 th Cir. 2021) (“ [P]olice obtained consent to search within the time reasonably required to complete the mission of the traffic stop. Once police lawfully secured consent to search, any delay occasioned by the search did not constitute an unlawful extension of the seizure.”). Conclusion.The shooting death of Deah Barakat, his wife, and her sister will be forever etched in the minds of Tar Heels. Death haunts the University of North Carolina community, just like it...S.L. 2011-6. In that legislation, the General Assembly asked the North Carolina Supreme Court to “reconsider, and overrule, its holding in State v. Carter that the good faith exception to the exclusionary rule which exists under federal law does not apply under North Carolina State law.“ Id. at § 2.Sep 22, 2021 · This session, the General Assembly amended the rules governing disclosure of recordings that depict death or serious bodily injury to require (1) that a court determine whether a recording be disclosed; and (2) that the court make such a determination within seven business days of the filing of a disclosure petition. Near the end of last year, the North Carolina Supreme Court decided State v. Taylor, 2021-NCSC-164, 866 S.E.2d 740 (2021), and we summarized the opinion here. This post considers the potential impact of Taylor on other offenses involving threatening speech, and addresses a couple lingering questions that may arise in future cases.The New Law. On or after December 1, 2013, a person who (1) drives (2) a motor vehicle (3) on a street or highway (4) while his or her license has been revoked by the State of North Carolina (4) knowing that his or her license is revoked commits a Class 3 misdemeanor. See S.L. 2013-360, Section 18B.14.Modifying a Sentence upon Revocation of Probation. James M. Markham. Published for NC Criminal Law on June 03, 2014. When a person’s probation is revoked, his or her suspended sentence is generally activated in the same manner in which it was entered by the sentencing judge. But a lot can happen—both good and bad—in the time … Reference and research services are available to all residents of North Carolina, and additional assistance is available to state and local government personnel, both elected and appointed. Criminal Law Blog. Covers North Carolina criminal law and procedure and related topics. G.S. 20-139.1 (a). A chemical analysis is a test of a person’s breath, blood or other bodily fluid or substance to determine the person’s alcohol concentration or presence of an impairing substance carried out in accordance with G.S. 20-139.1. G.S. 20-4.01 (3a). The second rule applies only to breath tests. It provides that a chemical ...Published for NC Criminal Law on March 30, 2015. I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers can’t lawfully run drug dogs around every vehicle stopped at a checkpoint. (2) Officers can lawfully run drug dogs …About the SOG Judicial College’s Certification Program for Magistrates. The Judicial College offers magistrates the opportunity to become certified upon completion of a specific combination of Judicial College seminars and general training events. Two types of certifications are offered, one in criminal law and …Find the best, fully accredited online associate degrees in criminal justice and see all the opportunities available to students. Written by TheBestSchools.org Staff Contributing W...The North Carolina Court of Appeals on August 2, 2016, ruled in State v. Pigford that although an officer had probable cause to search a vehicle, he did not have probable cause to search a vehicle occupant based on the marijuana odor.. Sewing aid crossword