Unc sog criminal law blog.

Feb 23, 2022 · Phil Dixon Jr. Published for NC Criminal Law on February 23, 2022. In an earlier post, I wrote that simple possession of fentanyl was a misdemeanor Schedule II offense under then-current law. No more. Effective Dec. 1, 2021, fentanyl possession in any amount is treated as a felony. The bruises and cuts on the child should have resulted in a report to a county DSS, thereby triggering the child protective services action. Upon determining a child is abused, the DSS director must report those findings to the district attorney and law enforcement for possible criminal investigation. G.S. 7B-307 (a).The leading criminal law treatise indicates that “all but a few” states have speedy trial statutes. 4 Wayne R. LaFave et al., Criminal Procedure, s. 18.3(c) (2d ed. 1999). My anecdotal sense is that most of those statutes set time limits far shorter than one year, i.e., that most of the statutes are more protective of a …Under current law, a law enforcement agency that receives a written request for disclosure of any such recording must “as promptly as possible” either …

A Warning Shot about Self-Defense. John Rubin. Published for NC Criminal Law on September 07, 2016. Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he fires a warning shot.Jun 4, 2019 · The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense.

The Court of Appeals vacated the civil judgment. As the court said in State v. Friend, 257 N.C. App. 516 (2018)—and in over two dozen subsequent appellate cases in the past two years—defendants are entitled to notice and an opportunity to be heard regarding the amount of an attorney fee award. Before entering a judgment for an …

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on November 4, 2022. This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.. Defendant preserved his challenge to …Do you know how to become a criminal profiler? Find out how to become a criminal profiler in this article from HowStuffWorks. Advertisement A criminal profiler is a person who [email protected] UNC School of Government© 1 . Criminal Case Law Update . Fall 2023 . Cases covered include published criminal and related decisions from the the Fourth Circuit Court of Appeals and North Carolina appellate courts decided between November 4, 2022, and September 12, 2023.August 1, 2022 by Jeff Welty. Over the past several months, I’ve been dropping by clerks’ offices to look at search warrants. I’ve made it to six offices, including offices in eastern, central, and western North Carolina, and in urban and rural areas. I’ve reviewed and made notes on 279 warrants and have at least skimmed hundreds more.

Consolidation of Sentences. Published for NC Criminal Law on October 13, 2015. North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15 (b); G.S. 15A-1340.22 (b) covers misdemeanors. The rule is the same for both types of crimes: when you …

Consolidation of Sentences. Published for NC Criminal Law on October 13, 2015. North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15 (b); G.S. 15A-1340.22 (b) covers misdemeanors. The rule is the same for both types of crimes: when you …

In State v. Humphreys, ___ N.C. App. ___ (Dec. 31, 2020), the defendant’s daughter drove the defendant’s car to high school. During a random canine walkthrough of the school’s parking lot, the dog alerted on the car. The defendant was notified and quickly arrived on scene.A Warning Shot about Self-Defense. John Rubin. Published for NC Criminal Law on September 07, 2016. Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he fires a warning shot.Published for NC Criminal Law on December 20, 2012. After I eliminated this offense from the 7 th edition of North Carolina Crimes , a few people asked me to add it back in. A statistics report from the N.C. Administrative Office of the Courts shows that in 2011 this crime was charged in 340 cases.Jan 25, 2023 · McLymore, 380 N.C. 185, 868 S.E.2d 67 (2022), our Supreme Court held that Section 14‑51.3 “supplants the common law on all aspects of the law of self-defense addressed by its provisions,” and “the only right to perfect self-defense available in North Carolina [is] the right provided by statute.”. Id. at 191, 868 S.E.2d at 72-73. February 23, 2022 by Phil Dixon. In an earlier post, I wrote that simple possession of fentanyl was a misdemeanor Schedule II offense under then-current law. No more. Effective Dec. 1, 2021, fentanyl possession in any amount is treated as a felony. I have been receiving calls about the change and thought a brief post would be useful.

Facebook might be great for staying in touch with friends and family, but one of the biggest and unforeseen benefits of this social network surfaced as law enforcement agencies sta...Case Summaries: N.C. Supreme Court (Oct. 20, 2023) October 25, 2023 by Alex Phipps. This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from …Criminal justice is a broad field that encompasses various aspects of law enforcement, including police work, investigations, forensics, and corrections. Pursuing a degree in crimi...Reference and research services are available to all residents of North Carolina, and additional assistance is available to state and local government personnel, both elected and appointed. One Case, Two Ways of Authenticating Video. Published for NC Criminal Law on June 27, 2016. Technologists tell us that we are in the age of …The prosecutor offers the report as evidence. The defendant’s attorney objects, relying on North Carolina Rule of Evidence 803(8). That rule creates an exception to the hearsay rule for official records and reports, but it specifically excludes “in criminal cases matters observed by police officers and other law-enforcement personnel.”Visual Estimates of Speed and "Slight Speeding". Jeffrey B. Welty. Published for NC Criminal Law on July 11, 2012. The Fourth Circuit recently decided United States v. Sowards, an interesting case about a traffic stop. The case arose when an experienced traffic enforcement officer stopped the defendant on I-77 near Charlotte.The New Law. On or after December 1, 2013, a person who (1) drives (2) a motor vehicle (3) on a street or highway (4) while his or her license has been revoked by the State of North Carolina (4) knowing that his or her license is revoked commits a Class 3 misdemeanor. See S.L. 2013-360, Section 18B.14.

Defending Death by Distribution Cases. Phil Dixon Jr. Published for NC Criminal Law on January 21, 2020. Shea blogged about the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4, here. These crimes hit the books this past December, and 2020 will likely see the first …A recent court of appeals case, State v.Calderon, ___ N.C. App. ___ (2023), sets forth a new test for determining whether multiple acts of touching a child during a single encounter can support multiple counts of indecent liberties.. The crime. The crime of taking indecent liberties with children is a Class F felony defined by G.S. 14-202.1.It occurs when a …

A Warning Shot about Self-Defense. John Rubin. Published for NC Criminal Law on September 07, 2016. Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he fires a warning shot.See G.S. 105-113.108. Furthermore, any information obtained by the Department in the course of administering these laws is considered confidential tax information, and it may not be used in a criminal prosecution; in fact, any agent or employee who violates this prohibition is guilty of a Class 1 misdemeanor. See G.S. 105-113.112; …G.S. 20-19(c3). The person also must agree that upon a law enforcement officer’s request, the person will agree to be transported by the law enforcement officer to the place where the chemical analysis will be administered. Reporting a violation.Shea Riggsbee Denning. Published for NC Criminal Law on March 02, 2023. The Sixth Amendment provides that a person accused of a crime “shall enjoy a public trial.”. This right is grounded in the belief that judges and prosecutors will carry out their duties more responsibly in open court than they might in secret proceedings as well as the ...About the SOG Judicial College’s Certification Program for Magistrates. The Judicial College offers magistrates the opportunity to become certified upon completion of a specific combination of Judicial College seminars and general training events. Two types of certifications are offered, one in criminal law and …Near the end of last year, the North Carolina Supreme Court decided State v. Taylor, 2021-NCSC-164, 866 S.E.2d 740 (2021), and we summarized the opinion here. This post considers the potential impact of Taylor on other offenses involving threatening speech, and addresses a couple lingering questions that may arise in future cases.Published for NC Criminal Law on August 29, 2012. Under G.S. 15A-1340.14 (e), a defendant’s prior out-of-state convictions count by default as Class I felonies if the other jurisdiction classifies them as a felony, or as Class 3 misdemeanors if the other jurisdiction classifies them as a misdemeanor. The State or the defendant may, however ...

The new 48-hour law applies to defendants who were on pretrial release before October 1. New G.S. 15A-533 (h) is effective for offenses committed on or after October 1, 2023. This language means that the new 48-hour rule applies to all offenses committed on or after that date, regardless of when the defendant …

Health care providers subject to these requirements may disclose such information for a law enforcement purposes to a law enforcement official in compliance with a court order or court-ordered warrant, or a subpoena or summons issued by a judicial official. 45 C.F.R. 164.512. Exception to confidentiality rules in …

the defendant named above unlawfully, willfully and feloniously with deceit and intent to defraud, did commit the infamous offense of obstruction of justice by knowingly …Oct 4, 2022 · North Carolina Criminal Pattern Jury Instruction (N.C.P.I.) 208.61 (Feb. 2005) provides that strangulation involves “a form of asphyxia characterized by closure of the blood vessels and/or air passages of the neck as a result of external pressure on the neck brought about by hanging, ligature, or the manual assertion of pressure.”. Criminals are buying and selling millions of stolen credit card numbers on the dark web. Here's how to protect yourself. By clicking "TRY IT", I agree to receive newsletters and pr...A Warning Shot about Self-Defense. John Rubin. Published for NC Criminal Law on September 07, 2016. Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he fires a warning shot.Outside the criminal law arena, lawyers will use AI to draft contracts and similar documents. One of the world’s largest law firms is already using an AI platform to assist its attorneys. AI will also substitute for, or supplement, lawyers providing elementary legal advice. Want to know the basics of deferred …Hardee, 723 F.3d 488 (4th Cir. 2013) (summarizing, in a federal habeas case, that “expert testimony on eyewitness identifications is not automatically admitted; when allowed, its admissibility is generally at the court’s discretion, both under federal and North Carolina law”); State v. Cotton, 99 N.C. App. 615 (1990) (the defendant in a ... A blog by the faculty and staff of the UNC School of Government that disseminates information about North Carolina criminal law and procedure and related topics. The blog invites topic suggestions, but does not accept guest posts from outside authors. The authors welcome feedback and comments from the readers. G.S. 20-139.1 (a). A chemical analysis is a test of a person’s breath, blood or other bodily fluid or substance to determine the person’s alcohol concentration or presence of an impairing substance carried out in accordance with G.S. 20-139.1. G.S. 20-4.01 (3a). The second rule applies only to breath tests. It provides that a chemical ...

Jun 14, 2018 · In the first, Davis v. Washington, 547 U.S. 813 (2006), the Court held that statements by a domestic violence victim during a 911 call were nontestimonial. The victim told the 911 Operator that her ex-boyfriend was “jumpin’ on me again” using his fists. 547 U.S. at 817. The victim reported the perpetrator’s name as Adrian Davis and ... No. In State v. Lee, 232 N.C. App. 256 (2014), the defendant’s probation was revoked based on a “commit no new criminal offense” violation that was alleged like this: The defendant argued that the court did not have jurisdiction to act on the violation because it was framed solely around the pending charges.Possession of fentanyl in amounts short of a trafficking amount may also be a felony. Where there are more than 100 doses, it could be charged as felony possession under the exception in G.S. 90-95 (d) (2) noted above. Given the strength of the substance and the apparently tiny dosage size, an amount well short of four …Instagram:https://instagram. taylor swift japantickets for taylor swift concertvancouver eras tour ticketsasian noodle dish with crushed peanuts crossword clue Published for NC Criminal Law on August 01, 2022. Over the past several months, I’ve been dropping by clerks’ offices to look at search warrants. I’ve made it to … female lobster crossword clue 4 letterstrx 34 mod chart State v. Thorpe, ___ N.C. App. ___, 2021-NCCOA-701 (Dec. 21, 2021). The defendant, who had underlying health conditions, was not entitled to relief on a MAR under G.S. 15A-1415 (b) (8) on the basis of his prison sentence being invalid as a matter of law as a form of cruel and unusual punishment due to the coronavirus pandemic.As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12,000 public officials each year. The School provides content and resources for a wide array of local government and judicial officials in North … 30000 eur to usd Published for NC Criminal Law on June 14, 2018. Under the Crawford Confrontation Clause rule, testimonial statements by witnesses who aren’t subject to cross-examination at trial can’t be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination.The prior conviction (s) may elevate the offense class of the underlying criminal charge, serve as an element of another offense, or subject the defendant to higher punishment based on his or her habitual offender status. The state must allege and plead such prior convictions pursuant to statutory requirements which …Any changes to Northern Ireland's law will now be up to the politicians. Human-rights campaigners lost their case over the legality of Northern Ireland’s abortion law on a technica...