Record #:

20032

Author(s):

Smith, Jessica

Abstract:

This bulletin discusses a criminal defendant's right to proceed pro se and various legal issues regarding waiver and forfeiture of counsel in North Carolina criminal cases. It also covers legal issues related to standby counsel and substitution, and provides practical pointers for trial judges when all of these issues arise.

Source:

Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 4, Jul 2007, p1-16, f

Subject(s):

Criminal trials; Counsel--Defendants's right of

Record #:

19972

Author(s):

Smith, Jessica

Abstract:

This bulletin explores the criminal indictment, focusing on issues of fatal defect, fatal variance, and when the indictment may be amended.

Source:

Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 3, Jul 2008, p1-53, f

Subject(s):

Criminal indictment

Record #:

20255

Author(s):

Smith, Jessica

Abstract:

This bulletin addresses the question: What authority does the trial court have to correct an error on its own motion after entry of judgment in a criminal case? The answer depends on when the error is discovered and who benefits from it.

Source:

Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 2, May 2003, p1-8

Subject(s):

Judges--Authority of

Record #:

20183

Author(s):

Smith, Jessica

Abstract:

In North Carolina the motion for appropriate relief (MAR) is a single, unified post-trial procedure for raising errors made during a criminal trial. Both defendants and the State are permitted to file MARs. One procedural issue that arises in connection with MARs is whether they can be resolved on the filed papers or whether hearings are necessary or required. This bulletin addresses that issue, setting out the law governing when a hearing is required on a MAR and discussing the related issue of the showing the movant must make to succeed on a MAR.

Source:

Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 4, Oct 2001, p1-24, f

Subject(s):

Criminal trials; Motion for appropriate relief (MAR)

Record #:

20270

Author(s):

Smith, Jessica

Abstract:

This bulletin explains the current state of confrontation clause law. It covers the U.S. Supreme Court's decisions in Crawford, Davis, and Melendez-Diaz. Also discussed are post-Crawford North Carolina cases and new North Carolina legislation enacted in response to the high Court's decision in Melendez-Diaz. Finally, the bulletin offers a simple flowchart for analyzing confrontation clause issues.

Source:

Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 2, Apr 2010, p1-28, il, f

Subject(s):

Confrontation clause--Sixth Amendment; Crawford Rule