Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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114 results
for "Administration of Justice Bulletin"
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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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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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20257
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This bulletin discusses selected cases of the US Supreme Court, Fourth Circuit Court of Appeals, the NC Supreme Court, and the NC Court of Appeals that were decided during the period of December 3, 2002 - July 16, 2003.
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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 #:
20259
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This bulletin summarizes criminal procedure relevant to North Carolina magistrates. Coverage includes criminal process, initial appearance and pretrial release, search warrants, and civil license revocations and vehicle forfeitures.
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Record #:
20260
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This bulletin supplements the Institute of Government book, North Carolina Crimes: A Guidebook on the Elements of Crime (Fifth Edition 2001). It includes new legislation and case law through December 5, 2003, and makes other changes.
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Record #:
20265
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This bulletin supplements the 2005 edition of the Institute of Government book, Punishments for North Carolina Crimes and Motor Vehicle Offenses. It covers legislation enacted by the NC General Assembly during its 2005 session that affect punishments for the listed offenses. The bulletin is divided into three parts--structured sentencing and related laws; punishment chart for crimes; and punishment chart for motor vehicle offenses.
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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 #:
20273
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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.
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Record #:
20274
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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.
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20275
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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.
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Record #:
20281
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This bulletin reviews the constitutional and statutory law on public access to court records in North Carolina and also discusses whether North Carolina courts might recognize a judicial privilege for judges' notes and drafts.
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Record #:
20282
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This bulletin discusses the sentencing provisions of G.S. 20-179, which governs sentencing for impaired driving and related offenses. The bulletin reviews the process for determining aggravating and mitigating factors, outlines the sentencing options for defendants sentenced at the various statutory levels, and describes the manner in which sentences under G.S. 20-179 are served, including provisions for awarding jail credit and granting parole. .
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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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