Unc sog criminal law blog.

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. 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 …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 …Current Developments in Criminal Law. This course is sponsored by UNC-Chapel Hill School of Government, and Office of Indigent Defense Services. School of Government faculty Phil Dixon, Jr. and Danny Spiegel will discuss state and federal appellate court decisions and other recent criminal law developments.This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 7, 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. Trial court did not err when denying motion to dismiss due to sufficient …

The court of appeals in State v. Taylor, 212 N.C. App. 238, 248–49 (2011), held that that two-year statute of limitations for misdemeanor offenses does not apply when the issue of a defendant’s guilt of a misdemeanor offense is submitted to the jury as a lesser included offense of a properly charged felony. In …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.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 …

Probation violation as “new offense.”. Under new G.S. 15A-533 (h), if a defendant is arrested for a new offense allegedly committed while the defendant was on pretrial release for another pending proceeding, the judge must be the official to set pretrial release conditions within the first 48 hours. One recurring question is whether a ...

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 …A third decision, State v. Hurt, __ N.C. __ (June 27, 2013), applied Ortiz-Zape to a case involving substitute analysts in serology and DNA. 2. The State must lay a proper foundation for substitute analyst testimony. The Ortiz-Zape court found that the prosecutor had laid a proper foundation for Ray’s testimony.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.Feb 8, 2022 · 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 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.

This session, the General Assembly amended the rules governing disclosure of recordings that depict death or serious bodily injury to require (1) that a court determine whether a recording be disclosed; and (2) that the court make such a determination within seven business days of the filing of a disclosure petition.

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.

Sep 13, 2023 · 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 was released on pretrial release. 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 …Authenticating Photographs Obtained from Social Media Platforms. Jeffrey B. Welty. Published for NC Criminal Law on May 01, 2023. In my last post, I wrote about how a party might authenticate a Facebook direct message or other text-based electronic communication. That post focused on how the proponent of the evidence might establish …Jan 18, 2017 · The rules. G.S. 15A-928 sets forth the procedures the prosecutor and superior court judge must follow “when the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter.”. These are the rules that govern pleading, arraignment and ... 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 …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 …

North Carolina’s computer-related crimes are in Article 60 of Chapter 14 of the General Statutes and include the following offenses: Accessing computers , G.S. 14-454 This offense involves willfully accessing or causing to be accessed a computer, computer program, computer network, or any part thereof for fraudulent purposes or for the …The School provides content and resources on a wide array of topics in local government and judicial administration in North Carolina. Select a topic to explore all related content. Local and State GovernmentTo quote from the memo: Hemp and marijuana look the same and have the same odor, both burned and unburned. This makes it impossible for law enforcement to use the appearance of marijuana to develop probable cause for an arrest, seizure of an item, or probable cause for a search warrant. In order for law enforcement to seize and analyze …When the alcohol content in your blood exceeds certain levels as per your state laws, it may lead to a criminal conviction. Laws stipulated for such an offense varies from state to...Nonautomatic Sex Offender Registration. James M. Markham. Published for NC Criminal Law on August 13, 2020. For the most part, if a defendant is convicted of a crime included in the list of reportable offenses, the defendant must register. But some crimes require registration only if the judge orders it.

Published for NC Criminal Law on June 19, 2023. Earlier this month, the Third Circuit, sitting en banc, found the federal felon-in-possession statute unconstitutional as applied. The decision was based on the new interpretive approach announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. __, 142 S. Ct. 2111 (2022).

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. Criminal Law Blog. Covers North Carolina criminal law and procedure and related topics. 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. 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. The U.K.’s recently appointed secretary of state for digital, Nadine Dorries, has signalled she wants to take a tougher line on social media platforms than her predecessor — tellin...Criminal behavior is defined as an act or failure to act in a way that violates public law. Public law is most often established by a governing body, and will therefore vary betwee...Jul 8, 2020 · James M. Markham. Published for NC Criminal Law on July 08, 2020. A new law provides a limited possibility of sentencing and post-conviction relief for certain defendants convicted of drug trafficking. The law, S.L. 2020-47, is called the North Carolina First Step Act. I wrote about it earlier in the year, here, when it was still under ... In a post here, I noted that under state law, counties, cities, towns, and metropolitan sewerage districts have authority to create crimes through local ordinances.This is a somewhat controversial issue. As I’ve noted, one of the arguments made in the national conversation about overcriminalization is that too many minor …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 stud...Last month, the North Carolina General Assembly passed S.L. 2023-14 (S 20) which largely covers changes to abortion laws. Within this bill is also a newly defined “misdemeanor crime of domestic violence,” which takes effect for offenses committed on or after December 1, 2023. This post discusses the utility of the new offense and the ...

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.

In a post here, I noted that under state law, counties, cities, towns, and metropolitan sewerage districts have authority to create crimes through local ordinances.This is a somewhat controversial issue. As I’ve noted, one of the arguments made in the national conversation about overcriminalization is that too many minor …

North Carolina’s computer-related crimes are in Article 60 of Chapter 14 of the General Statutes and include the following offenses: Accessing computers , G.S. 14-454 This offense involves willfully accessing or causing to be accessed a computer, computer program, computer network, or any part thereof for fraudulent purposes or for the …Defending Death by Distribution Cases. 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 prosecutions under the law. The Health In Justice Action Lab at Northeastern University School of …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. 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...Public criminal records are documents that contain information about an individual’s criminal history. These records are maintained by various government agencies, including courts...Business Records: Posts, Chats, and Texts. Published for NC Criminal Law on March 09, 2021. Several prior posts on this blog have addressed authenticating and admitting digital evidence like social media posts and text messages (see here, here, here, and here) and we’ve also previously covered the basic rules and requirements for using … 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. Criminal Law Blog. Covers North Carolina criminal law and procedure and related topics. 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 ...S.L. 2021-182 makes several changes to these requirements, effective June 1, 2022 for licenses restored on or after that date. Ignition interlock will be required only on vehicles driven. Current G.S. 20-17.8 (c1) requires that a person subject to its requirements have all registered vehicles that he or she owns equipped with ignition interlock.This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 20, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. The summary of In re Laliveres below was prepared by Prof. …May 15, 2023 · Open Carry and Reasonable Suspicion. Published for NC Criminal Law on May 15, 2023. A decade ago, I wrote a post about the circumstances under which police may stop a person who is carrying a gun openly. A lot has changed since then. 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.

SORNA Tier Chart. James M. Markham. Published for NC Criminal Law on June 15, 2017. Over two years ago I said I would someday try to sort North Carolina’s reportable sex crimes into the tiers set out in the federal Sex Offender Registration and Notification Act (SORNA). Today’s the day. The chart is available here.The North Carolina Court of Appeals on August 2, 2016, ruled in State v. Pigford that although an officer had probable cause to search a vehicle, he did not have probable cause to search a vehicle occupant based on the marijuana odor.February 8, 2024 by Alex Phipps. This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 6, 2024. These …Instagram:https://instagram. urine that smells like chicken soupvocab workshop level c unit 3daily numbers new york stateeras tour black hoodie 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. u gg dravenpapa johns pizza troy menu 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. Criminal Law Blog. Launched in January 2009, this new blog by faculty member Jeff Welty includes postings about current criminal law issues, answers to recurrent questions that Welty receives from the field, and interesting theories about criminal law that he has stumbled upon. scarface instagram Published for NC Criminal Law on August 24, 2017. A recent appellate case sheds additional light on what it means to abscond from probation. Under G.S. 15A …May 18, 2022 · 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. Today’s post takes a closer look at the threshold question of which crimes are covered under the law. Under prior law, the crimes covered under the Crime Victims’ Rights Act (CVRA) were listed in G.S. 15A-830 (7). They included all Class A through Class E felonies, a list of enumerated felonies, certain misdemeanors when committed between ...