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Record #:
19969
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This bulletin discusses legislation affecting criminal law and procedure that was passed by the North Carolina General Assembly in 2007.
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Record #:
19970
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This bulletin attempts to explain when modification of another judge's order is allowed and when it not.
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Record #:
19972
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This bulletin explores the criminal indictment, focusing on issues of fatal defect, fatal variance, and when the indictment may be amended.
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Record #:
19973
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This bulletin discusses two closely related provisions of North Carolina law that specifically target repeat serious offenders: the habitual felon laws and the violent habitual felon laws. The bulletin is a \"user's manual\" for these provisions. It discusses which offenses can support charges under the habitual felon and violent habitual felon laws, the procedures that apply to such prosecutions, how sentencing works in such cases, and other practical issues. The bulletin will help judges and lawyers to answer questions that regularly arise during habitual felon and violent habitual felon cases and to recognize areas of the law in which unanswered questions remain.
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Record #:
19981
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In North Carolina the commonly stated rule, for both criminal and civil cases in both superior and district court, is that a judgment or order affecting substantial rights may not be entered without the consent of the parties (1) after the session of court has expired, or (2) while the judge is out of the county or district. Actually, there are many instances when orders may be entered out-of-session and out-of-county, especially in civil cases. This bulletin describes the instances when court orders may be entered out-of-term, out-of-session, and out-of-county.
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Record #:
19982
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This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 2008.
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Record #:
19983
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This bulletin addresses evidence issues that require special consideration in cases involving child victims and child witnesses, including competency, oath or affirmation, examination of child witnesses, control of the courtroom, admissibility of a child's out-of-court statements, and opinion testimony.
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Record #:
19986
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Sexual assault cases based on events that took place years ago can be difficult cases for all involved. This bulletin provides a resource for judges and lawyers involved in sexual assault cases based on conduct before 2001. The bulletin lists the most commonly charged offenses in sexual assault cases and tracks the evolution of those charges between 1950 and 2000. It also describes the major sentencing regimes before structured sentencing and addresses the issue of sex offender registration and monitoring as it concerns older cases.
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Record #:
19987
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This bulletin discusses the authority of judges to set time limits on trials and other court proceedings.
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Record #:
19988
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This bulletin explains when a judge should be disqualified from hearing a case.
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Record #:
19989
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This bulletin addresses two of the most common special evidentiary issues in sexual assault cases: the admissibility of evidence about the complainant's sexual history and the admissibility of evidence of prior sexual misconduct by the defendant.
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Record #:
19990
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Law enforcement officers and prosecutors frequently wish to access information about a suspect's electronic communications, such as phone calls, text messages, and e-mails. This bulletin explains the legal standards and procedures governing such access, as well as the remedies available for noncompliance with those procedures. The Bulletin covers both state and federal law, and addresses both statutory and constitutional considerations. It is intended for use by judges, lawyers on both sides, and officers.
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Record #:
19996
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This bulletin explains procedures enacted by the Motor Vehicle Driver Protection Act of 2006 that govern the filing of motions to suppress and motions to dismiss in implied consent cases in district court, the determination of such motions, and the process for appealing those determinations. The Bulletin also examines the North Carolina Court of Appeals' decisions in State v. Fowler, ___ N.C. App. ___, 676 S.E.2d 523 (2009), in which the court upheld the motions procedures as constitutional and explained the circumstances and manner in which they applied, and State v. Palmer, ___ N.C. App. ___, 676 S.E.2d 559 (2009), in which the court clarified the mechanism by which a state may appeal a district court's determination of such a motion.
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Record #:
20011
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This is a reprint of \"The Continuation of the Impartial Relation of the First Rise and Cause of the Recent Differences in Publik [sic] Affairs in the Province of North Carolina, Second Part,\" by Hermon Husband and printed in 1770. The Introduction establishes the document as being produced by Husband, a leading champion of the Regulators during the period of popular uprising in North Carolina between 1765 and 1771, and suggests that it is the primary source of knowledge of the Regulator's side in the conflict between Regulators and Royalists. Background information on the document and its author are also included in the introduction.
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Administration of Justice Bulletin
(NoCar KFN 7908 .A15 U6), Vol. 18 Issue 1, Jan 1941,
p48-81, il, f
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Record #:
20014
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This bulletin deals with the third of three authorizations North Carolina law allows for magistrates to take guilty pleas. N.C.G.S. 7A-273(1) provides that magistrates may accept guilty pleas or admissions of responsibility and enter judgment for infractions in which the maximum penalty that can be imposed is not more than $50 and for Class 3 misdemeanors (Class 3 misdemeanor jurisdiction). The Bulletin also list Infractions and Misdemeanors and the maximum punishment for each.
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