48-Hour Rule Refresher
Pretrial release is generally set by magistrates at a defendant’s initial appearance. As a special approach to setting conditions of pretrial release, the “48-hour rule,” as it is known in […]
February 14, 2023
So Your Indictment May Be Flawed: What Now?
A non-lawyer might be forgiven for being somewhat confused by the rules governing indictments. The basics are summarized easily enough: a trial court’s jurisdiction depends on a facially valid indictment; […]
February 7, 2023
N.C. Supreme Court Weighs in, Again, on Forfeiture of Counsel
In December, the North Carolina Supreme Court decided State v. Atwell, 2022-NCSC-135, ___ N.C. ___ (2022)—its third time weighing in on the issue of forfeiture of counsel. The defendant had […]
January 25, 2023
The Common Law is Dead; Long Live the Common Law!
In State v. 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 […]
January 18, 2023
Human Trafficking: New SOG Resource Explaining Your Obligation to Make a Report and How the Agency Responds
January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice […]
December 13, 2022
Incapacity to Proceed (G.S. Chapter 15A) and Incompetency (G.S. Chapter 35A): Apples and Oranges?
Incapacity to proceed under North Carolina General Statutes (G.S.) Chapter 15A and incompetency proceedings under G.S. Chapter 35A involve, at least in part, a court inquiry into someone’s cognitive abilities. […]
November 11, 2022
State v. Diaz-Tomas Recognizes Broad Prosecutorial Discretion Following Dismissals With Leave
The North Carolina Supreme Court held last week in State v. Diaz-Tomas, ___ N.C. ___, 2022-NCSC-115 (November 4, 2022), that neither a criminal defendant nor the court has the right […]
November 1, 2022
Fall 2022 Cannabis Update
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 […]
October 27, 2022
Artificial Intelligence and the Courts
The role of artificial intelligence (AI) in American life was a hot topic of discussion at a conference for judicial educators that I attended earlier this week. The conference launched […]
September 27, 2022
Procedure in Juvenile Homicide Cases
How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case […]
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