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107 results for "Administration of Justice Memorandum"
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Record #:
20116
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Abstract:
This memorandum discusses cases of October 6, November 3, and December 30, 1994, from the NC Supreme Court, and cases of October 4, October 18, November 1, November 18, December 6, December 20, 1994, and January 6, 1995 from the NC Court of Appeals. Also discussed is a significant change to federal legislation on intercepting cordless telephone communication.
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Record #:
20087
Abstract:
The primary vehicle for lawsuits brought against prosecutors, judges, and public defenders for alleged misconduct in the performance of their duties is Section 1983 of Title 42 of the United States Code. This memorandum discusses the case law on immunities applicable to prosecutors, judges, and public defenders and attempts to classify the level of protection for each group depending on the function performed.
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Record #:
20089
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This memorandum summarizes acts of the 1994 Extra Session of the NC General Assembly that affect criminal law and procedure, juvenile law and procedure, criminal sentencing, adult and juvenile corrections, and courts. Crime prevention measures enacted during the session are briefly discussed.
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Record #:
20088
Abstract:
Rule 412 of the North Carolina Rules of Evidence limits the admission of evidence about the prior sexual behavior of a sexual assault victim to four narrow categories of evidence. This memorandum discusses how appellate cases have applied the rule to various kinds of evidence that defendants have sought to introduce.
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Record #:
20090
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Abstract:
This memorandum discusses United States Supreme Court cases from December 13, 1993 through March 22, 1994, cases of January 28, March 4, and April 8, 1994 from the North Carolina Supreme Court, and cases of December 21, 1993, January 4, 18, February 1, 15, and April 5, 1994 from the North Carolina Court of Appeals.
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Record #:
20101
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Abstract:
The McBride decision, handed down by the NC Supreme Court on July 2, 1993, overruled the precedent established by the 1993 decision in Jolly v. Wright and held that indigent defendants may not be incarcerated in civil contempt proceedings in child support cases unless they have been provided a court-appointed attorney or have waived their right to legal representation. This Memorandum provides a brief overview of the supreme court's decision in the McBride case.
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Record #:
20102
Author(s):
Abstract:
This memorandum summarizes acts of the 1994 Extra Session of the NC General Assembly that affect criminal law and procedure, juvenile law and procedure, criminal sentencing, adult and juvenile corrections, courts, and crime prevention programs. The memorandum also provides information on appropriations authorized by the Extra Session in the amount of $256.6 million.
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Administration of Justice Memorandum (NoCar KFN 7908 .A15 U6), Vol. Issue 6, May 1994, p1-18, il
Record #:
20103
Author(s):
Abstract:
In the recent crime session, the General Assembly, in Ch. 4, S. L. 1993 (1994 Extra Session) provided that chief district judges may allow magistrates to hear requests for ex parte domestic violence protective orders and to issue show cause orders for contempt of domestic violence orders in certain limited circumstances. This memorandum may help in identifying some of the issues to be resolved. It also includes some information for magistrates who are hearing motions for ex parte protective orders.
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Administration of Justice Memorandum (NoCar KFN 7908 .A15 U6), Vol. Issue 7, May 1994, p1-9, il
Record #:
20104
Author(s):
Abstract:
This memorandum discusses United States Supreme Court cases from April 19, 1994 through June 17, 1994, cases of May 6 and June 27, 1994, from the North Carolina Supreme Court, and cases of April 19, May 3, May 17, June 7, June 21, and July 5, 1994, from the North Carolina Court of Appeals. Among the cases were Miranda issues, capital case issues, and arrest and search issues.
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Record #:
20113
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Abstract:
This memorandum discusses acts of the 1994 regular session of the North Carolina General Assembly that affect criminal law and procedure. Items covered are criminal law changes, structured sentencing act changes, and motor vehicle law changes.
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Record #:
20115
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Abstract:
This memorandum discusses acts of the 1994 regular session of the 1994 regular session of the NC General Assembly, other than criminal legislation, of interest to magistrates. The most significant piece of legislation affecting magistrates is the new educational requirement and pay plan.
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Record #:
20114
Author(s):
Abstract:
This memorandum discusses cases July 29 and September 9, 1994 from the North Carolina Supreme Court, and cases of July 19, August 2, 16, and September 6, and September 20, 1994 from the North Carolina Court of Appeals.
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Record #:
20075
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Abstract:
This memorandum provides history on structured sentencing and related legislation. The first attempt to create legislation that calls for even-handed punishments with strict regulation of judges' and correction officials' discretion began in the General Assembly in 1977 and culminated with the Fair Sentencing Act of 1981. This article also discusses new structured-sentencing legislation that will take effect on January 1, 1995.
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Record #:
20073
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Abstract:
This paper is intended to serve as a reference source on the developing law of voluntary intoxication in North Carolina. It examines the current state of the law and suggests areas that may continue to be sources of dispute. The article discusses the following topics: (1) the elements of the voluntary intoxication defense; (2) the applicability of the defense to different offenses; (3) evidentiary issues; (4) the burdens on the defense and prosecution; and (5) jury instructions
Source:
Administration of Justice Memorandum (NoCar KFN 7908 .A15 U6), Vol. Issue 1, Apr 1993, p1-21, f
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Record #:
20076
Author(s):
Abstract:
This memorandum discusses legislation affecting criminal law and procedure that was passed by the North Carolina General Assembly in 1993, except for acts concerning structured sentencing and offense classification which were discussed in a previous publication.
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