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Search Results for: faith hedgepeth

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Deadly Force and Resisting a Public Officer

May 4, 2016 Shea Denning

…an officer in good faith that later turns out to be false also is not a violation of G.S. 14-223, which requires willful resistance, delay or obstruction. Moreover, every person…

Categories Crimes and Elements, Uncategorized Tags Deadly Force, Harnett County, RDO, Resist delay obstruct, resisting a public officer 11 Comments

Improper Equipment Fee Is Punitive, Must Go to Schools

September 4, 2015September 3, 2015 Jamie Markham

…forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State” to be “faithfully appropriated and used exclusively for maintaining free…

Categories Sentencing, Uncategorized Tags justice reinvestment, sheriffs, statewide misdemeanant confinement program 4 Comments
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Case Summaries: Fourth Circuit Court of Appeals (April 2024)

May 21, 2024May 21, 2024 Phil Dixon

…not demonstrate bad faith loss or destruction of any evidence by the government. The defendant’s claim that his conviction was tainted by the knowing use of perjured testimony likewise failed….

Categories Case Summaries Tags 4th Circuit, April 2024, case summaries, fourth circuit, Fourth Circuit Court of Appeals

Update on Pole Cameras and the Fourth Amendment

September 12, 2022 Jeff Welty

…was at least as intrusive as the CSLI at issue in Carpenter, but determined that the good faith exception applied because prior precedent had said that the use of pole…

Categories Search and Seizure, Uncategorized Tags carpenter, fourth amendment, mosaic theory, pole cameras, reasonable expectation of privacy, Search and Seizure, surveillance

Larceny: Spouse vs. Spouse Edition

October 20, 2009October 19, 2009 Jeff Welty

…it his own, exclusively, and thereby deprive Sally of her interest in it, or (2) destroy it in bad faith, several courts have sustained criminal charges. See, e.g., People v….

Categories Crimes and Elements, Uncategorized Tags larceny, separation agreements, spouses, trespass 1 Comment

Entrapment

August 11, 2014 Jeff Welty

…defendant’s notice was inadequate, the sanction imposed by the trial judge was too severe: there was no evidence of bad faith by the defendant, the State did not press for…

Categories Procedure, Uncategorized Tags discovery, entrapment, foster, strip club 3 Comments
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Oklahoma v. Castro-Huerta Affords Concurrent Jurisdiction to States for Crimes Against Indians in Indian Country

September 15, 2022 Shea Denning

…of the dissenters, “any faithful application of Bracker to other Tribes in other States should only confirm the soundness of the traditional rule that state authorities may not try crimes…

Categories Procedure Tags Cherokee, Indian country, oklahoma v. castro-huerta, Qualla boundary
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Case Summaries—Court of Appeals (12/3/2019)

December 5, 2019 John Rubin

…he could have believed in good faith that a PJC was not a conviction. (3) The Court observed that although a PJC with a condition that the defendant pay costs…

Categories Uncategorized Tags case summaries Leave a comment
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Federal Lawsuit Challenges Alamance County NC’s Bail System

March 17, 2020 Jessica Smith

…Status Report and Motion to Stay at 1. The filing reported that since November the parties have worked diligently and in good faith on an interim agreement to obviate the…

Categories Procedure, Uncategorized Tags bail reform, Criminal Justice Innovation Lab, pretrial release 4 Comments

Gant, “Retroactivity,” and Retroactivity

October 18, 2017April 24, 2009 Jeff Welty

…and my sense is that often none will — a prosecutor attempting to “save” evidence might argue that the officer who conducted the search acted in good faith and thus…

Categories Search and Seizure, Uncategorized Tags gant, retroactivity, teague Leave a comment
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Authors

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Christopher Tyner (262)
Phil Dixon (184)
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Hannah Turner (10)
Ian Mance (3)
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Kristi Nickodem (3)
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Maggie Bailey (3)
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Meredith Smith (5)
M. Jeanette Pitts (2)
Alex Phipps (86)
Sara DePasquale (9)
Shea Denning (626)
Jessica Smith (252)
SOG Staff (77)
Daniel Spiegel (30)
Timothy Heinle (6)
Tom Thornburg (6)
Jeffrey Welty (1187)
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