Articles in regional publications that pertain to a wide range of North Carolina-related topics.
Search Results
114 results
for "Administration of Justice Bulletin"
Record #:
20274
Author(s):
Abstract:
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.
Source:
Subject(s):
Full Text:
Record #:
20275
Author(s):
Abstract:
A key statutory exception to the rule against enforcing contractual attorney fee provisions is found in Section 6-21.2 of the North Carolina General Statutes, which allows enforcement of attorney fee provisions in notes, conditional sale contracts, and \"other evidence of indebtedness\" under certain circumstances. Since 1967, this statute has been the main statutory exception applicable to fee provisions in contracts and the subject of much case law. In June 2011, the North Carolina General Assembly added another major exception by creating G.S. 6-21.6, which authorizes courts to enforce reciprocal attorney fee provisions in business contracts. This bulletin discusses the law surrounding the existing statute and introduces new G.S. 6-21.6.
Source:
Subject(s):
Full Text:
Record #:
20458
Author(s):
Abstract:
North Carolina and the United States are recovering from the worst recession since the Great Depression. This bulletin provides a sense of the evolving state of the U.S. economy and where North Carolina's economy is in relation to other states. The bulletin also discusses overall economic conditions and the implications for own source revenue.
Source:
Subject(s):
Record #:
20270
Author(s):
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:
Subject(s):
Full Text:
Record #:
20272
Author(s):
Abstract:
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.
Source:
Subject(s):
Full Text:
Record #:
20273
Author(s):
Abstract:
This bulletin summarizes and clarifies in question-answer format, the rules regarding checkpoints used to enforce North Carolina's motor vehicle laws. It is intended for use by judges, lawyers, and law enforcement officers.
Source:
Subject(s):
Full Text:
Record #:
19986
Author(s):
Abstract:
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.
Source:
Subject(s):
Full Text:
Record #:
19987
Author(s):
Abstract:
This bulletin discusses the authority of judges to set time limits on trials and other court proceedings.
Source:
Subject(s):
Full Text:
Record #:
19988
Author(s):
Abstract:
This bulletin explains when a judge should be disqualified from hearing a case.
Source:
Subject(s):
Record #:
19989
Author(s):
Abstract:
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.
Source:
Subject(s):
Full Text:
Record #:
19990
Author(s):
Abstract:
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.
Source:
Subject(s):
Full Text:
Record #:
19996
Author(s):
Abstract:
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.
Source:
Subject(s):
Full Text:
Record #:
29916
Author(s):
Abstract:
The Motor Vehicle Driver Protection Act of 2006 enacted provisions designed to avoid dismissals of cases based upon the North Carolina Supreme Court's opinion in State v. Knoll, in which the court ordered the dismissal of impaired driving charges against three defendants based upon the denial of access to witnesses. This bulletin examines Knoll and its progeny and their relationship to procedural requirements designed to ensure that defendants charged with implied consent offenses are afforded an opportunity to gather evidence for their defense.
Source:
Subject(s):
Full Text:
Record #:
29917
Author(s):
Abstract:
This bulletin summarizes criminal procedure for North Carolina magistrates. Coverage includes criminal process and pleadings, initial appearance, pretrial release, fugitives, and search warrants. It replaces Administration of Justice Bulletin 2007/06 and serves as the new criminal procedure text for the School of Government’s Basic School for Magistrates.
Source:
Full Text:
Record #:
29918
Author(s):
Abstract:
This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 2009. The General Assembly created and revised several criminal offenses and procedures for pre-trial, trial, sentencing, and post-conviction.
Source:
Full Text: