Unc sog criminal law blog.

This guide groups expunctions of adult criminal matters into four main categories, corresponding to the main types of expunctions available under North Carolina law. The four categories are: convictions and other matters based on the age of the person at the time of the offense or the age of the offense;The connection to federal law stems from G.S. 14-208.12A(a1)(2), which says that a court may grant a petition for removal only if “[t]he requested relief complies with the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the …Criminal Negligence. Published for NC Criminal Law on November 18, 2010. Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. Jones, 353 N.C. …News Roundup. A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state to decriminalize the …Feb 14, 2012 · Restitution. February 14, 2012 by Jamie Markham. Our appellate courts spend a lot of time writing about restitution. Consequently, so do I. Prior posts discuss some of the thornier restitution issues that come up from time to time. There’s this one on restitution for drug-buy money; this one on restitution to victims of unconvicted conduct ...

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 ...

New G.S. 14-277.6 makes it a crime to (1) by any means of communication, (2) to any person or groups of persons, (3) threaten to commit an act of mass violence on educational property or at a curricular or extracurricular activity sponsored by a school. Mass violence is defined as “ [p]hysical injury that a reasonable person would conclude ...

This is one of the many distinctions between juvenile law and criminal law—juveniles are “taken in custody” while adults are “arrested.” It is also long-established in North Carolina law that a delinquency proceeding is a civil proceeding. In re Burrus, 275 N.C. 517 (1969), G.S. 7B-2412. Because it is a civil …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.Shea Riggsbee Denning. Published for NC Criminal Law on July 12, 2021. A few weeks ago the United States Supreme Court decided Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021), holding that the flight of a person suspected of a misdemeanor offense does not categorically justify an officer’s warrantless entry into a …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...

In North Carolina, laws require any person or adult who has cause to suspect, knows, or reasonably should have known a juvenile is or was minor victim of human trafficking to make a report to a county department of social services and to local law enforcement. North Carolina law also requires that any adult who …

An early decision by the Second Circuit Court of Appeals held that the exclusion of police reports under Rule 803 (8) controls the admissibility of such reports under other hearsay exceptions. In United States v. Oates, 560 F.2d 45 (2d Cir. 1977), the government offered a government chemist’s report finding that the white powdery substance ...

The 48-hour limit was adopted when Chapter 15A was enacted in 1973 and it has remained unchanged ever since. The official commentary indicates that “[f]ormerly, North Carolina law provided no time limit for the execution of search warrants” and that the new rule was designed to prevent searches based on …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 Carolina.Ordinarily, police departments cannot access personal bank account information, which is protected by key privacy rights in the United States (laws for accessing banking informatio...It is, however, an issue that arises in criminal cases. The term “corpus delicti” (sometimes spelled corpus delecti) means the body of the crime. Black’s Law Dictionary 310 (5 th ed. 1979); State v. Smith, 362 N.C. 583, 589 (2008). It refers to the substance of the crime, which ordinarily includes two elements: the act and the criminal ...It is, however, an issue that arises in criminal cases. The term “corpus delicti” (sometimes spelled corpus delecti) means the body of the crime. Black’s Law Dictionary 310 (5 th ed. 1979); State v. Smith, 362 N.C. 583, 589 (2008). It refers to the substance of the crime, which ordinarily includes two elements: the act and the criminal ...

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.Published for NC Criminal Law on November 01, 2022. It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details. The New (New) G.S. 90-94.Ordinarily, police departments cannot access personal bank account information, which is protected by key privacy rights in the United States (laws for accessing banking informatio...The North Carolina General Assembly recently passed S.L. 2022-30 (S 766) which increases the penalties for organized retail theft, provides additional penalties for damage to property or assault of a person during the commission of organized retail theft, and clarifies the procedure for the return of seized property …May 17, 2021 · G.S. 14-453 defines “government computer” as any computer, computer program, computer system, computer network, or any part thereof, that is owned, operated, or used by any State or local governmental entity. Accessing government computers, when committed for the purpose of fraud or obtaining property or services, is a Class F felony.

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...

Feb 22, 2024 · Case Summaries: N.C. Court of Appeals (Dec. 5, 2023) December 7, 2023 by. This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 5, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Ordinarily, police departments cannot access personal bank account information, which is protected by key privacy rights in the United States (laws for accessing banking informatio...If you want to shoot him a welcome email or have a legal question for him, please feel free to reach out. His email is [email protected], and his phone number is 919-966-4377. It is my pleasure to announce that Daniel “Danny” Spiegel has joined the Courts Group faculty here at the School of Government as an …Attempted Assault Is a Crime. Jessica Smith. Published for NC Criminal Law on January 25, 2017. Reversing the Court of Appeals, the NC Supreme Court recently held, in State v. Floyd, that attempted assault is a crime in North Carolina. At issue in Floyd was whether the defendant’s prior conviction for attempted assault …S.L. 2023-151, § 2 (a) . Section 15A-1340.16F provides that if a person is convicted of two or more of the same financial crimes – embezzlement, false pretenses, or elder exploitation – the crimes may be “aggregated for sentencing” if: (1) the crimes were committed against more than one victim or in more than one county, and (2) the ...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 …Blogs | NC Criminal Law. New SOG Bulletin: ... Feel free to reach me anytime at [email protected] or (919) 962-9594. Finally, I want to say a very genuine thank you to Aimee Wall, John Rubin, Sara DePasquale, and Phil Dixon, Jr., for their significant contributions to this bulletin.This new report from the Council on Criminal Justice says that homicide and violent crimes fell last year in 38 studied cities, but property crimes were mixed and car thefts were way up. Violent crimes are still above pre-pandemic levels, but seem to be getting closer to that baseline. The report has much more detail for interested readers.

James M. Markham. Published for NC Criminal Law on September 16, 2020. The Administrative Office of the Courts has issued a new form, AOC-CR-415, through which a person can make a motion for relief from costs, fines, and other monetary obligations. The form also doubles as the order through which a judge can rule on the motion.

December 8, 2021 by John Rubin. As in recent sessions, the General Assembly remained active in revising North Carolina’s expunction laws. The biggest changes came in S.L. 2021-118 (S 301), as amended by section 2.3 of S.L. 2021-167 (H 761). The legislation expanded the opportunity for a person to expunge older convictions of “nonviolent ...

May 19, 2020 · DWI Update: May 2020 Edition. May 18, 2020 by Shea Denning. My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, there are no live summer conferences. Yet we are still slogging. 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.”[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.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.If you are facing filed or yet to be filed criminal charges you will need a criminal defense lawyer to fight for you. By using their knowledge in state laws, they will argue for yo...In State v. Garris, 191 N.C. App. 276 (2008), the court of appeals held that a defendant may be "convicted and sentenced only once for possession of a firearm by a felon based on his simultaneous possession of [multiple] firearms." In State v. Wiggins, __ N.C. App. __, 707 S.E.2d 664 (2011), the court extended the logic of Garris to a defendant ...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.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 …Blogs | NC Criminal Law. New SOG Bulletin: ... Feel free to reach me anytime at [email protected] or (919) 962-9594. Finally, I want to say a very genuine thank you to Aimee Wall, John Rubin, Sara DePasquale, and Phil Dixon, Jr., for their significant contributions to this bulletin.

March 7, 2016 by Jeff Welty. The court of appeals recently decided State v. Ford, a case about the authentication of social media evidence. This is the first North Carolina appellate case to give careful consideration to the issue, and the opinion sets a relatively low bar for authentication. Because this type of evidence …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 …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. Instagram:https://instagram. live traffic lincoln tunnelwalgreens division and locustspeak now tv countdowntaylor era tour dates 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.The first type of arrest of judgment is one that vacates a judgment in response to a “fatal flaw on the face of the record”—usually a defect in the indictment. See, e.g., State v. Harris, 219 N.C. App. 590 (2012). The effect of that sort of arrest of judgment is to vacate a conviction. See State v. unfinished nutcrackers hobby lobbytruist loan payment number The connection to federal law stems from G.S. 14-208.12A(a1)(2), which says that a court may grant a petition for removal only if “[t]he requested relief complies with the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the … best printer with cheap ink Criminal Law Code § 5-612(b) (“For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under [the state’s ‘volume dealer’ statute], the acts may be aggregated if each of the acts occurred within a 90-day period.”). Denning has written extensively about North Carolina’s motor vehicle laws, including a book on the law of impaired driving. She is a regular contributor to the North Carolina Criminal Law blog and a co-coauthor of Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. She joined the School of Government in 2003. News Roundup. A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state to decriminalize the …