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Search Results for: unpublished opinions

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Case Summaries: N.C. Court of Appeals (June 4, 2024)

June 6, 2024 Alex Phipps

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals

The Court of Appeals Finds Indictment Errors — We Offer an Updated Resource for Avoiding Them

October 6, 2017June 5, 2012 Jeff Welty

The court of appeals issued a new batch of opinions today. They’re available in full here, and Jessie just sent summaries out to the listserv. (If you haven’t joined the…

Categories Procedure, Uncategorized Tags arrest warrant and indictment forms, habitual felon, herman, indictment, ross 2 Comments
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Case Summaries: N.C. Court of Appeals (Jan. 15, 2025)

January 22, 2025 Alex Phipps

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 15, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals
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State v. Newborn: Failure to Separately Indict Felon-in-Possession Did Not Deprive Court of Jurisdiction

June 30, 2023June 29, 2023 Shea Denning

…the latest in a series of opinions placing the substance of a pleading over its form. I have already mentioned State v. Brice, which, like Newborn, required the Court to…

Categories Procedure Tags felon in possession, jurisdiction, pleadings, possession of a firearm by a felon, state v. brice, state v. newborn, state v. singleton
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Case Summaries: N.C. Court of Appeals (Sept. 12, 2023)

September 18, 2023September 18, 2023 Alex Phipps

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 12, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals
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Procedural Justice in Policing

October 29, 2020 Shea Denning

…principles and the facts particular to an incident,” rather than their own personal opinions and biases.” Id. Transparency and openness about rules and how decisions are made also support the…

Categories Procedure Tags law enforcement, legitimacy, police officers, policing, procedural justice Leave a comment
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Case Summaries: Fourth Circuit Court of Appeals (Aug. 2023)

September 19, 2023September 19, 2023 Phil Dixon

…Charlotte, and negligent training against the city. In addition to the bodycam evidence and depositions of the officers, each party obtained experts to offer opinions on the reasonableness of the…

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

The Supreme Court on Miranda: Shatzer and Powell

February 25, 2010 Jeff Welty

…redundant if you’ve made it this far through this post. Of course, reading the opinions themselves — or at least the syllabi — is the way to go if you…

Categories Search and Seizure, Uncategorized Tags break in custody, custodial, custody, interrogations, miranda, powell, shatzer Leave a comment

News Roundup

October 11, 2017July 1, 2011 Jamie Markham

…that crime has fallen because incarceration has risen. 2. The Supreme Court of the United States completed its October Term 2010 with a flurry of opinions and certiorari grants. If…

Categories Uncategorized Tags news, news roundup Leave a comment
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Georgia Supreme Court Holds that Implied Consent Is Not Actual Consent

April 2, 2015April 1, 2015 Shea Denning

…such cases is markedly different. In two of the opinions relied upon by Williams, the state courts readily concluded that the defendant freely and voluntarily submitted to testing and that…

Categories Evidence, Motor Vehicles, Search and Seizure Tags DWI, implied consent, Missouri v. McNeely, Williams v. State 15 Comments
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