Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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for Smith, Jessica
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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 #:
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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20016
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This bulletin summarizes the constitutional, statutory, and case law regarding pleas and plea negotiations in superior court. Types of pleas, plea bargaining, plea procedure, withdrawal, and challenging of a plea are among the topics covered.
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Record #:
20030
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This bulletin supplements the Institute of Government, North Carolina Crimes: A Guidebook on the Elements of Crime (Fifth Edition 2001). It includes new legislation and case law through December 2006, and makes other changes. This bulletin replaces all prior supplements published under the Administration of Justice Bulletin series and carries forward relevant information in prior Bulletins.
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20032
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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.
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Record #:
20034
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This bulletin summarizes criminal procedure relevant for North Carolina magistrates. Topics include criminal process and pleadings, initial appearance, pretrial release, fugitives, and search warrants.
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Administration of Justice Bulletin
(NoCar KFN 7908 .A15 U6), Vol. Issue 6, Nov 2007,
p1-31 - Appendix
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Record #:
20052
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Since the United States Supreme Court's decision in Crawford v. Washington, and even more so after its ruling in Melendez-Diaz v. Massachusetts, interest has been growing in the use of remote testimony as a method to satisfy the Confrontation Clause when a witness cannot be present at trial. Almost all recent proposals for implementation of remote testimony have called for remote two-way testimony. This bulletin discusses the viability of such a technique and alternatives to it.
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Record #:
20180
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The purpose of this bulletin is to aid courts and litigants in their analysis of procedural default by explaining the relevant law, and to provide simple rules for opinion writing to ensure that state court decisions on procedural default are respected in the federal habeas process.
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Record #:
20183
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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.
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Record #:
20255
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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.
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Record #:
20256
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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.
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Record #:
20258
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The 2003 session of the NC General Assembly created no major changes in the areas of criminal law and procedure. This bulletin summarizes the legislative changes affecting those areas, including criminal offenses, domestic violence, juveniles, and motor vehicles.
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Record #:
20270
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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.
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Record #:
20272
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This bulletin discusses procedural issues that arise in connection with motions for appropriate relief filed in the trial division including for example, grounds that can be asserted, timing rules, counsel issues, discovery, procedural default, hearings, standards and burdens, and appeal.
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Record #:
20283
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Under the new Crawford analysis, a testimonial hearsay statement by a person who does not testify at trial is inadmissible unless the prosecution establishes unavailability and a prior opportunity to cross-examine. Courts have struggled to apply this analysis to various types of forensic reports, including autopsy reports, drug tests and chemical analysts' affidavits. This Bulletin examines Williams v. Illinois, the U.S. Supreme Court's latest decision applying Crawford to forensic reports, and analyzes its implications on criminal cases in North Carolina.
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