Domestic Violence Law and Procedure
In getting ready for the North Carolina magistrates’ fall conference and a session that I’m teaching on issuing process in domestic violence cases, I began thinking about the ways that […]
August 31, 2017
“Raise the Age” Is Now the Law in North Carolina
North Carolina is no longer the only state in the U.S. that automatically prosecutes juveniles as adults beginning at age 16. In June, the General Assembly ended a century long […]
August 7, 2017
Immigration Detainers
Sometimes, after a defendant has been arrested for a crime, an Immigration and Customs Enforcement (ICE) officer will file an immigration detainer with the agency that has custody of the […]
August 1, 2017
Expanded Expunction Opportunities
In S.L. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. Most importantly, the act expands the availability of relief in two ways: it reduces […]
July 31, 2017
New Restrictions on Citizen-Initiated Criminal Process
A colleague stopped into my office the other day to ask “did the General Assembly get rid of citizen-initiated warrants?” No, but it did make some significant changes to the […]
July 24, 2017
Legislative Changes to Which Prior Convictions Can Support a Habitual Felon Charge
S.L. 2017-176 makes two important changes to which prior convictions can support a habitual felon charge. The legislation (1) clarifies the status of prior convictions from New Jersey and other […]
June 29, 2017
A/N/D Reporting: Rights, Protections, and Prosecutor Review
[Editor’s note: This post originally ran last week on the School’s civil law blog, On the Civil Side. Because it concerns prosecutors’ roles in abuse, neglect, and dependency cases, it […]
June 26, 2017
Brady, Materiality, and Disclosure: Turner v. United States
The Supreme Court just decided Turner v. United States, rejecting the Brady claims of several defendants convicted of a brutal and highly publicized murder in Washington, D.C. Although the Court […]
June 12, 2017
North Carolina Statutory Requirements Concerning How to Conduct Lineups and Show-ups
Live and photo lineups and show-ups implicate constitutional and statutory requirements. This post will focus on the statutory requirements. For constitutional requirements, see pages 594-98 in Arrest, Search, and Investigation […]
June 5, 2017
Don’t Instruct the Jury on a Theory that’s Not Supported by the Evidence
Some offenses can be proved by alternative theories. For example, impaired driving occurs when a person drives while (1) while under the influence of an impairing substance, (2) after consuming […]
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- Maggie Bailey
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