Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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Record #:
20053
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This bulletin reviews the disciplinary actions against judges in North Carolina over the last 40 years and discusses the kind of misconduct that gets judges in trouble.
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Record #:
20274
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It is commonly believed that one trial judge may not overrule another. The rule is more complicated than this simple phrase implies. Judges often consider matters previously reviewed by another judge, especially in superior court where regular rotation of judges is the norm. Generally, one trial judge should not change the legal ruling of another judge. This bulletin explains when modification of another judge's order is allowed and when it is not. This Bulletin updates Administration of Justice Bulletin #2008/02.
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Record #:
20281
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This bulletin reviews the constitutional and statutory law on public access to court records in North Carolina and also discusses whether North Carolina courts might recognize a judicial privilege for judges' notes and drafts.
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Record #:
29971
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In a recent 1981 decision, United States Supreme Court recently held that a police officer may not enter a home to make a routine felony arrest unless he has an arrest warrant. This memorandum reviews the Court’s decision and explains its effect on North Carolina law.
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Record #:
29990
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In North Carolina v. Butler, the United States Supreme Court invalidated the North Carolina rule that a defendant must expressly waive his Miranda rights before his statements are admissible in court. A waiver may sometimes be found, depending on the facts of the case, even when the defendant does not explicitly state that a lawyer is not wanted.
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Record #:
29992
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This memorandum reviews the current law on searches of people who are in custody, emphasizing the kinds of facts that have prompted courts to limit the authority of officers and noting the areas in which some future limitations might be expected. There is little North Carolina law on most of these issues and sometimes the decisions in other jurisdictions are in conflict.
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Record #:
29994
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Over the years, the United States Supreme Court, the appellate courts of North Carolina, and the North Carolina legislature have developed certain rules for conducting arson investigations. All of these rules involve balancing law enforcement’s interest in investigating apparent crimes with the property owner’s expectation of privacy. This article is a brief summary of those rules.
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Record #:
30005
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The 1979 General Assembly enacted a new sex offenses law for North Carolina. The main features of the new law are discussed in this memorandum, and pertain to various degrees of rape, sexual offenses, and sexual activity.
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Record #:
42570
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Providing a complete history of North Carolina’s District Courts entailed going back than the widely celebrated year of origin. With 1955, its true starting point, as a reference, the author traced the District Court’s history by first examining the Bell Commission’s role in this District Court’s creation and participation in the state’s 1959, 1961, and 1963 General Assemblies. Acknowledging the Bell Commission’s momentous role led into his examination of the Court Commission’s role from 1963-1989 and Futures Commission’s role from 1994-1997.
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North Carolina District Court--history ; North Carolina District Court--history--Luther Hodges ; North Carolina District Court--history--State Bar Association; North Carolina District Court and Bell Commission; North Carolina District Court and Futures Commission; North Carolina District Court and Court Commission
Record #:
18163
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When the 1973 North Carolina General Assembly convened in January it was faced with a U.S. Supreme Court decision that raised doubts about the constitutionality of North Carolina's capital punishment statutes. The problem lay in allowing juries discretion to choose between life imprisonment and death for the same crime. Ultimately, the jury's option to recommend life imprisonment was removed, leaving mandatory death penalties for first-degree murder, arson, rape, and first-degree burglary.
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Record #:
30016
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This is the first in a series of memoranda summarizing acts of the 1977 North Carolina General Assembly that affect criminal law and procedure. Two of the most important motor vehicle law changes are included, as well as several matters concerning jails and prisons.
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Record #:
30018
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This is the second in a series of memoranda summarizing acts of the 1977 North Carolina General Assembly that affect criminal law and procedure. Discussion focuses on legislation relating to new crimes, punishment, probation, restitution, and youthful offenders.
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Record #:
29995
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This memorandum summarizes the acts of the 1979 session of the General Assembly that affect criminal law and procedure. The acts which are discussed go into effect by October 1, 1979.
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Record #:
29999
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This is the second in a series of memoranda summarizing acts of the 1979 General Assembly affecting criminal law and procedure. This publication concerns acts that go into effect on or after October 1, 1979.
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