Unc sog criminal law blog.

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...Published for NC Criminal Law on May 11, 2021. In the wake of the April 21 killing of Andrew Brown, Jr., in Elizabeth City, North Carolina, I have fielded several media inquiries about our body cam law and the judge’s ruling limiting access to the footage about the shooting. With the help of the School of Government’s public records expert ... 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. 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.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 Government

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.)

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.The leading criminal law treatise indicates that “all but a few” states have speedy trial statutes. 4 Wayne R. LaFave et al., Criminal Procedure, s. 18.3(c) (2d ed. 1999). My anecdotal sense is that most of those statutes set time limits far shorter than one year, i.e., that most of the statutes are more protective of a …

Public criminal records are documents that contain information about an individual’s criminal history. These records are maintained by various government agencies, including courts...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 …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 is one of the many distinctions between juvenile law and criminal law—juveniles are “taken in custody” while adults are “arrested.” It is also long-established in North Carolina law that a delinquency proceeding is a civil proceeding. In re Burrus, 275 N.C. 517 (1969), G.S. 7B-2412. Because it is a civil …

A third decision, State v. Hurt, __ N.C. __ (June 27, 2013), applied Ortiz-Zape to a case involving substitute analysts in serology and DNA. 2. The State must lay a proper foundation for substitute analyst testimony. The Ortiz-Zape court found that the prosecutor had laid a proper foundation for Ray’s testimony.

Business Records: Posts, Chats, and Texts. March 9, 2021 by Jonathan Holbrook. Several prior posts on this blog have addressed authenticating and admitting …

An early decision by the Second Circuit Court of Appeals held that the exclusion of police reports under Rule 803 (8) controls the admissibility of such reports under other hearsay exceptions. In United States v. Oates, 560 F.2d 45 (2d Cir. 1977), the government offered a government chemist’s report finding that the white powdery substance ... John Rubin. Published for NC Criminal Law on December 08, 2021. 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 ... Welcome to the North Carolina Criminal Law blog. This blog serves as a forum for the discussion of North Carolina criminal law and procedure. It is administered by Jeff Welty, a faculty member at the School of Government at UNC. ... SOG Staff (76) SOG Apps (1) Daniel Spiegel (3) Timothy Heinle (5) Tom Thornburg (6) Jeffrey Welty …Jun 14, 2018 · In the first, Davis v. Washington, 547 U.S. 813 (2006), the Court held that statements by a domestic violence victim during a 911 call were nontestimonial. The victim told the 911 Operator that her ex-boyfriend was “jumpin’ on me again” using his fists. 547 U.S. at 817. The victim reported the perpetrator’s name as Adrian Davis and ... The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided for judicial branch officials since the 1930s. Through the Judicial College, the School now offers more courses of interest to mid-and later-career officials and provides that training …

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...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 is increasingly ...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 …Criminal justice master's programs typically include coursework in criminology theory, which helps learners understand the motivations behind criminal behavior. Updated June 2, 202...2021 Changes to North Carolina’s Expunction Laws. John Rubin. Published for NC Criminal Law on December 08, 2021. As in recent sessions, the General Assembly …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 v. Graham, 2021-NCSC-125, 379 N.C. 75 (2021), sheds new light on what it means for an out-of-state prior conviction to be “substantially similar” to a North Carolina crime for prior record level purposes.. As noted in several prior posts on this blog, including this one, a special classification rule applies to out-of-state …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.

Published for NC Criminal Law on August 01, 2022. Over the past several months, I’ve been dropping by clerks’ offices to look at search warrants. I’ve made it to …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.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 ...S.L. 2023-151, § 2 (a) . Section 15A-1340.16F provides that if a person is convicted of two or more of the same financial crimes – embezzlement, false pretenses, or elder exploitation – the crimes may be “aggregated for sentencing” if: (1) the crimes were committed against more than one victim or in …The Supreme Court of North Carolina held in State v.Grady, ___ N.C. ___ (2019), that satellite-based monitoring (SBM) of sex offenders is unconstitutional as applied to any unsupervised person who was ordered to enroll in SBM solely because he or she is a recidivist.By unsupervised, the court meant a person not on probation, parole, or post …Feb 14, 2012 · Restitution. February 14, 2012 by Jamie Markham. Our appellate courts spend a lot of time writing about restitution. Consequently, so do I. Prior posts discuss some of the thornier restitution issues that come up from time to time. There’s this one on restitution for drug-buy money; this one on restitution to victims of unconvicted conduct ... This new report from the Council on Criminal Justice says that homicide and violent crimes fell last year in 38 studied cities, but property crimes were mixed and car thefts were way up. Violent crimes are still above pre-pandemic levels, but seem to be getting closer to that baseline. The report has much more …This post summarizes published criminal decisions from the North Carolina Supreme Court released on December 18, 2020. The summaries were prepared by Shea Denning, Chris Tyner, and Jonathan Holbrook. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case …2021 Changes to North Carolina’s Expunction Laws. John Rubin. Published for NC Criminal Law on December 08, 2021. As in recent sessions, the General Assembly …

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 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.

The first type of arrest of judgment is one that vacates a judgment in response to a “fatal flaw on the face of the record”—usually a defect in the indictment. See, e.g., State v. Harris, 219 N.C. App. 590 (2012). The effect of that sort of arrest of judgment is to vacate a conviction. See State v.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 …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 ...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 bruises and cuts on the child should have resulted in a report to a county DSS, thereby triggering the child protective services action. Upon determining a child is abused, the DSS director must report those findings to the district attorney and law enforcement for possible criminal investigation. G.S. 7B-307 (a).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) = …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. 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. Solicitation is asking someone else to commit a crime with the intention that the person solicited will perform the criminal act. It is its own crime and generally must be pled. An exception exists if the defendant is charged with accessory before the fact to a completed murder, a theory of liability discussed below.This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free …The prosecutor offers the report as evidence. The defendant’s attorney objects, relying on North Carolina Rule of Evidence 803(8). That rule creates an exception to the hearsay rule for official records and reports, but it specifically excludes “in criminal cases matters observed by police officers and other law-enforcement personnel.”

The prosecutor offers the report as evidence. The defendant’s attorney objects, relying on North Carolina Rule of Evidence 803(8). That rule creates an exception to the hearsay rule for official records and reports, but it specifically excludes “in criminal cases matters observed by police officers and other law-enforcement personnel.”When the alcohol content in your blood exceeds certain levels as per your state laws, it may lead to a criminal conviction. Laws stipulated for such an offense varies from state to...The Supreme Court of North Carolina held in State v.Grady, ___ N.C. ___ (2019), that satellite-based monitoring (SBM) of sex offenders is unconstitutional as applied to any unsupervised person who was ordered to enroll in SBM solely because he or she is a recidivist.By unsupervised, the court meant a person not on probation, parole, or post …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 …Instagram:https://instagram. texas basketball sports chat placezootopia phubanyone but you amcnight crew jobs near me James M. Markham. Published for NC Criminal Law on July 28, 2015. North Carolina has a lot of habitual offender laws: habitual felon, violent habitual felon, armed habitual felon, habitual breaking and entering, habitual impaired driving, and habitual misdemeanor assault. A question that comes up is the extent to which these laws may ...This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free … best 3 point shootersriley roscato leaked nudes 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 ... Jul 8, 2020 · 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 ... order member crossword clue Do you know how to become a criminal profiler? Find out how to become a criminal profiler in this article from HowStuffWorks. Advertisement A criminal profiler is a person who stud...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.