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107 results for "Administration of Justice Memorandum"
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Record #:
30000
Author(s):
Abstract:
On September 4, 1979, the North Carolina Supreme Court decided three cases involving the capital punishment sentencing statute, G.S. 15A-2000. This memorandum summarizes the main points in the opinions of the court in these cases. The subjects of discussion pertain to aggravating circumstances, mitigating circumstances, plea bargaining, and other jury instructions.
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Record #:
30001
Abstract:
North Carolina authorizes the use of either blood or breath tests, depending on which test the arresting officer designates. This memorandum discusses the legal requirements for admitting chemical test evidence in drunk driving cases.
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Record #:
30002
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Abstract:
The 1979 Session passed a bill that requires a person convicted of driving under the influence to complete an alcohol or drug education traffic school. This memorandum summarizes the legislation and discusses some of the changes that could cause problems as judges and others begin to apply the statutes.
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Record #:
30003
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Abstract:
The 1979 North Carolina General Assembly enacted a new law affecting the district courts’ power to subject out-of-state parties to suit in North Carolina for paternity and child support. The law pertains to whenever the party has participated in an act of sexual intercourse in the state that may have resulted in the conception of an illegitimate child.
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Record #:
30004
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Abstract:
This memorandum discusses the new worthless check law enacted by the 1979 General Assembly. The law provides that if the merchant receiving the check takes certain steps, his case can be proved much easier at trial.
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Record #:
30005
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Abstract:
The 1979 General Assembly enacted a new sex offenses law for North Carolina. The main features of the new law are discussed in this memorandum, and pertain to various degrees of rape, sexual offenses, and sexual activity.
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Record #:
30006
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Abstract:
The 1979 Session of the General Assembly produced little legislation affecting jails, but established a new procedure with regard to future parole of prisoners serving sentences in local jails. There are also two statutes dealing with the jailer’s authority to deduct time from jail sentences. The statutes refer to “good time” and “gain time” for sentenced jail prisoners.
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Record #:
30009
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Abstract:
North Carolina, relying on the common law, first approved the judicial immunity principle in a 1839 case in which a justice of the peace was sued for knowingly taking insufficient security on appeal. The latest North Carolina case added the malicious acts extension of the principle. This case is compared to the 1978 case of Stump v. Strickland.
Source:
Administration of Justice Memorandum (NoCar KFN 7908 .A15 U6), Vol. Issue 6, May 1978, p1-4, bibl, f
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Record #:
30010
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Abstract:
The Fourth Amendment prohibits all unreasonable searches and seizures, but established exceptions for emergency searches. The United States Supreme Court recently clarified the concept of emergency searches and defined the lawful scope of such activities. Two cases regarding fire and crime scene searches are presented, and discussed in terms of their applications to North Carolina.
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Record #:
30012
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Abstract:
This memorandum was written to familiarize judges, prosecutors, public defenders, and others with a recent opinion of the Attorney General dealing with parole and treatment of committed youthful offenders. Also provided is a review of the law on the sentencing of youthful offenders and their status in prison.
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Record #:
30013
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Abstract:
This memorandum briefly summarizes the role of public safety officers, and discusses the need for comments suggesting changes or clarifications in the proposed rules for the Public Safety Officers’ Benefits Act of 1976. Attached to the memorandum is a copy of the act and proposed rules.
Source:
Administration of Justice Memorandum (NoCar KFN 7908 .A15 U6), Vol. Issue 2, Jan 1977, p1-10, f
Record #:
30014
Author(s):
Abstract:
This memorandum addresses questions over the legal status of jail inmates, and the regulation of mail in North Carolina jails and prisons. The general legal discussion is followed by a compliance suggestion on the inspection of packages and letters for contraband.
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Record #:
30016
Abstract:
This is the first in a series of memoranda summarizing acts of the 1977 North Carolina General Assembly that affect criminal law and procedure. Two of the most important motor vehicle law changes are included, as well as several matters concerning jails and prisons.
Source:
Administration of Justice Memorandum (NoCar KFN 7908 .A15 U6), Vol. Issue 4, Aug 1977, p1-23, f
Record #:
30017
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Abstract:
This memorandum summarizes acts of the 1977 North Carolina General Assembly that affect magistrates. The acts pertain to magistrate salaries and qualifications, small claims procedure, revolving charge account security interests, summary ejectment, actions to enforce motor vehicle mechanic and storage liens, involuntary commitment, and miscellaneous civil duties.
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Record #:
30018
Abstract:
This is the second in a series of memoranda summarizing acts of the 1977 North Carolina General Assembly that affect criminal law and procedure. Discussion focuses on legislation relating to new crimes, punishment, probation, restitution, and youthful offenders.
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