…Because there were legitimate issues of material fact surrounding the nondisclosure of the 2011 interview and whether the officers acted in bad faith by suppressing it, the district court erred…
…of the SCA was in good faith. The SCA was not “so conspicuously unconstitutional” that the officers should have doubted its validity. Applying the exclusionary rule in this circumstance, therefore,…
…or other reasonable means.” N.C. R. Evid. 804(a)(5). This requires a showing of a good faith effort by the proponent of the evidence to locate the witness. State v. Bailey,…
…Crawford, Marcus Shields, Faith Fickling, and Roy Wiggins were appointed as District Court Judges. Kaleidoscope Eyes. When Elton John talked about being “high as a kite” as a rocket man,…
…itself demonstrate unavailability. Rather, the State has the burden to demonstrate good-faith efforts to locate a witness before a finding of unavailability can be made. State v. Clonts, 254 N.C….
…trial to ask for and consider the State’s position, and determine whether the waiver is being “tendered in good faith and is not a tactic to procure an otherwise impermissible…
…caused by the neglect or willfulness of the prosecution, see State v. Spivey, 357 N.C. 114, 119, 579 S.E.2d 251, 255 (2003) (stating that the constitution does not outlaw good-faith…
…amounted to a good-faith effort to deal with the emergency and did not rise to the level of deliberate indifference. The officers were thus entitled to qualified immunity on the…
…to award a credit to “persons convicted of misdemeanors or felonies” for “work on projects to benefit units of State or local government,” or to convicted misdemeanants who “faithfully participate[]”…
…the nature of the force, not the extent of the injury. The key inquiry is “whether the force was applied in a good-faith effort to maintain or restore discipline, or…