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The Link Between License Revocations and Failures to Appear

September 19, 2011 Shea Denning

…Commission to the North Carolina General Assembly 15, 16 (1985). Appearances for infractions and compliance with court-ordered sanctions were thus tied to a person’s ability to remain licensed to drive….

Categories Motor Vehicles, Procedure, Uncategorized Tags failure to appear, infractions, license revocation, license suspension 15 Comments

Ban on Gun Possession by Defendants Convicted of a “Domestic Violence Misdemeanor”

January 13, 2011January 13, 2011 Jeff Welty

…overt act or an attempt, or the unequivocal appearance of an attempt, with force and violence, to do some immediate physical injury to the person of another, which show of…

Categories Crimes and Elements, Uncategorized Tags 922(g)(9), domestic violence, domestic violence misdemeanors, firearms, guns, white 28 Comments
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Case Summaries: N.C. Court of Appeals (Nov. 21, 2023)

November 30, 2023 Alex Phipps

…at trial. Defendant argued that without the knife in evidence and without testimony of its character and appearance, it was improper to instruct the jury that it was a deadly…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals
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State v. Wilkerson and the Authentication of Electronic Evidence

October 17, 2012 Shea Denning

…set forth in Rule 901(b): (1) testimony from a knowledgeable witness that a matter is what it is claimed to be; (2) appearance, contents, substance, internal patterns, or other distinctive…

Categories Evidence, Uncategorized Tags authentication, text messages, wilkerson 4 Comments

Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?

February 19, 2024February 19, 2024 Jeff Welty

…arrests a defendant without a warrant and brings the defendant to the magistrate for an initial appearance, the magistrate is required to assess whether the arrest is supported by probable…

Categories Procedure, Uncategorized Tags citizen initiated criminal process, criminal process, discretion, magistrates, probable cause
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School Bus Safety

August 29, 2013 Shea Denning

…prayer for judgment continued. G.S. 20-217(e). Court appearance is mandatory for such charges; they are not the sort that may be paid and resolved by mail. Five driver’s license points…

Categories Crimes and Elements, Motor Vehicles, Sentencing, Uncategorized Tags G.S. 20-217, license revocation, limited driving privilege, motor vehicles, school bus 4 Comments
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Pilot Sites Chosen for North Carolina’s Citation Project

November 2, 2020 Jessica Smith

…the policy, changes in non-appearance and new criminal activity rates, officer time savings, and jail usage. Project team members include Chief Dan House, NC State University Police Department and Immediate…

Categories Uncategorized Tags Criminal Justice Innovation Lab Leave a comment
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What Happens When Prosecutors Stop Asking for Cash Bail?

April 3, 2019 Jessica Smith

…bond, and release on conditions had adverse effects on appearance rates or recidivism.” Id. at 13. This is a really big result, causing the researchers to conclude that a move…

Categories Procedure, Uncategorized Tags bail, bail reform, bond, cash bail, philadelphia 6 Comments
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Courts Will Expand Operations on June 1, But It Won’t Be Business as Usual

May 11, 2020 Shea Denning

…appearance, admission of guilt, and pay fines and costs to the clerk to resolve outstanding charges. Victims also appear to observe the disposition of a criminal cases in which they…

Categories Procedure Tags annual report, best practices committee, chief justice, court operations, COVID-19, COVID-19 task force, directives 1 Comment
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You Can’t Tell Just from the Smell

May 25, 2011August 10, 2009 Shea Denning

…of drinking); State v. Thomas, 127 N.C. App. 431 (1997) (finding probable cause based upon red, glassy eyes, disorderly appearance, strong odor of alcohol, and information that another officer told…

Categories Crimes and Elements, Search and Seizure, Uncategorized Tags alcosensor, DWI, odor of alcohol, probable cause 5 Comments
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