Unc sog criminal law blog.

Civilian Traffic Enforcement Comes to North Carolina. Published for NC Criminal Law on July 05, 2023. Editor’s note: We are pleased to welcome M. Jeanette Pitts to the blog as an author. Jeanette is a Legal Research Specialist at the Criminal Justice Innovation Lab. According to a report by the North Carolina Division of Motor Vehicles, …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 …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 …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 …

The four types of civil law are torts, contract law, family law and personal disputes. Civil law covers all cases that do not involve the breaking of criminal laws. In most civil c...

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).Oct 13, 2020 · Dawson interpreted Huntley as adopting the English common law rule found in Sir John Knight’s Case, 87 Eng.Rep. 75, “which provided that any one who […] brings force ‘in affray of the peace,‘ or goes armed by night or day in any fair, market, or elsewhere in such a manner as to terrify the King’s subjects, is guilty of a misdemeanor ...

New Resource on Employment Outcomes for People Leaving Prison. January 30, 2024 by Jessica Smith. The North Carolina Department of Commerce has created a new online tool called The NC Reentry Outcome Reporting System. The tool shows employment outcomes for people leaving the state prison system. The numbers …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 …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 …Published for NC Criminal Law on June 14, 2023. The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If …

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...

2021 Changes to North Carolina’s Expunction Laws. John Rubin. Published for NC Criminal Law on December 08, 2021. As in recent sessions, the General Assembly …

Legislative reception of the common law has substantive and procedural consequences. Unlike many states and the federal government, North Carolina continues to recognize common law crimes, offenses not defined by any statute. Such was the crime in Lancaster. “Because of its tendency to stir up …North Carolina’s new Pretrial Integrity Act, effective October 1, 2023, and applying to offenses committed on or after that date, creates significant additional …Jun 19, 2023 · 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). 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. Last summer, the legislature passed Session Law (S.L.) 2023-95, which amended G.S. 122C-53(a), the North Carolina statute governing the release of confidential information about patients receiving behavioral health services, including mental health and substance use disorder (SUD) care. Specifically, the new law aligns state legal requirements... Published for NC Criminal Law on May 11, 2021. In the wake of the April 21 killing of Andrew Brown, Jr., in Elizabeth City, North Carolina, I have fielded several media inquiries about our body cam law and the judge’s ruling limiting access to the footage about the shooting. With the help of the School of Government’s public records expert ...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 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.Delta-8 tetrahydrocannabinol (“delta-8 THC”) is an isomer of the more (in)famous cannabinoid, delta-9 THC. The two chemicals are closely related and are distinguished only by a single chemical bond, according to Wikipedia and other sources. The compound is naturally present in small quantities in hemp and marijuana.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 …The same rule applies when a defendant is charged with domestic criminal trespass or with violating a domestic violence protective order. If, after 48 hours, a judge hasn't yet set the defendant's bond, a magistrate acquires the power to set the bond. For example, if a defendant is arrested on Friday night, normally no judge will be available ...Published for NC Criminal Law on June 14, 2023. The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If …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 interested in pursuing a career in law enforcement or criminal justice, then obtaining a bachelor’s degree in criminal justice is an excellent place to start. This degre...

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 19, 2022. This summary will be added to …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 …DWI Update: May 2020 Edition. Shea Riggsbee Denning. Published for NC Criminal Law on May 18, 2020. 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 …The same rule applies when a defendant is charged with domestic criminal trespass or with violating a domestic violence protective order. If, after 48 hours, a judge hasn't yet set the defendant's bond, a magistrate acquires the power to set the bond. For example, if a defendant is arrested on Friday night, normally no judge will be available ...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.Aug 24, 2017 · An Update on Absconding. James M. Markham. 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-1343 (b) (3a), it is a regular condition of probation that a defendant must not “abscond by willfully avoiding supervision or by willfully making ... 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.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.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 …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 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).

State v. Graham, 2021-NCSC-125, 379 N.C. 75 (2021), sheds new light on what it means for an out-of-state prior conviction to be “substantially similar” to a North Carolina crime for prior record level purposes.. As noted in several prior posts on this blog, including this one, a special classification rule applies to out-of-state …

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 ...The Legal System Channel features articles about crime, criminals and law enforcement. Learn about the legal system at HowStuffWorks. Advertisement The Legal System Channel feature...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.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 …Jun 19, 2023 · 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). 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 …Oct 13, 2020 · Dawson interpreted Huntley as adopting the English common law rule found in Sir John Knight’s Case, 87 Eng.Rep. 75, “which provided that any one who […] brings force ‘in affray of the peace,‘ or goes armed by night or day in any fair, market, or elsewhere in such a manner as to terrify the King’s subjects, is guilty of a misdemeanor ... 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. 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 …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 …Jun 6, 2023 · S 20 enacts a new misdemeanor crime of domestic violence, codified as G.S. 14-32.5. Under this new law, a person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person. The person who commits the offense must have one of the following ... Delta-8 tetrahydrocannabinol (“delta-8 THC”) is an isomer of the more (in)famous cannabinoid, delta-9 THC. The two chemicals are closely related and are distinguished only by a single chemical bond, according to Wikipedia and other sources. The compound is naturally present in small quantities in hemp and marijuana.

Perkins, Criminal Law, 307-08. Hence, if the fraud induces the owner to part with title as well as possession, the wrongdoer is not guilty of larceny. The crime of false pretenses came about as a legislative attempt to fill this gap in the law of larceny. Perkins, Criminal Law, 364. Accordingly, false pretenses requires transfer of title, and ...Civilian Traffic Enforcement Comes to North Carolina. Published for NC Criminal Law on July 05, 2023. Editor’s note: We are pleased to welcome M. Jeanette Pitts to the blog as an author. Jeanette is a Legal Research Specialist at the Criminal Justice Innovation Lab. According to a report by the North Carolina …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 ...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 ...Instagram:https://instagram. jetblue 2129 todaywhat time does taylor swift go on stage tonighttaylor swift 1999the selection criterion does not match any nodes The School of Government Has a New Dean. Jeffrey B. Welty. Published for NC Criminal Law on February 20, 2023. The School of Government was founded 92 years ago as the Institute of Government. To say that the School has had continuity of leadership would be an understatement. The top job has been held by just four people, three of …The Internal Revenue Service Criminal Investigation (IRS-CI) recently listed the top ten most prominent and high-profile cases they investigated during 2021. The Internal Revenue S... sharylxoxo twittertarget moorpark pharmacy North Carolina’s new Pretrial Integrity Act, effective October 1, 2023, and applying to offenses committed on or after that date, creates significant additional … great wall la crosse wisconsin 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.State v. Graham, 2021-NCSC-125, 379 N.C. 75 (2021), sheds new light on what it means for an out-of-state prior conviction to be “substantially similar” to a North Carolina crime for prior record level purposes.. As noted in several prior posts on this blog, including this one, a special classification rule applies to out-of-state …The court must apply 20 days of jail credit to Sentence A (10/1–10/21) and 10 days of jail credit to Sentence B (10/11–10/21). Let me change the facts of Example 2 a little. Suppose for some reason Sentence B (an active sentence to 100 days) was imposed 10/21/2017, but Sentence A did not get imposed until 10/31/2017.