Cyberstalking via Electronic Tracking Device
Most of us, at one point or another, have dedicated a day of the week to running our personal errands. That day might consist of going to the grocery store, […]
Remote Testimony by Lab Analysts Authorized in District Court Prosecutions – Even Without Defendants’ Consent
The United States Supreme Court held in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), that sworn forensic reports prepared by laboratory analysts for purposes of prosecution are testimonial statements, rendering […]
News Roundup
The nation was again confronted with the recurring tragedy of a school shooting when a 15-year-old sophomore at a Michigan high school killed four of his peers and seriously injured […]
Interim Pattern Jury Instructions for Substitution of Alternate Jurors Are Available
This legislative session, the General Assembly amended G.S. 15A-1215(a), effective October 1, 2021, to permit an alternate juror to replace a regular juror after deliberations have begun. S.L. 2021-94 (discussed […]
Rules of Conduct Created for North Carolina Magistrates
Following years of discussion and drafts, a formal Rules of Conduct for Magistrates was promulgated by the North Carolina Administrative Office of the Courts (AOC) effective October 1, 2021. Statutory […]
Interim Report: Judicial District 21 Bail Project
Interim Report: Judicial District 21 Bail Project In January 2020, North Carolina’s Twenty-First Judicial District (Forsyth County) implemented a consensus bail reform initiative in the form of a structured decision-making […]
North Carolina’s First Appearance Process Amended for Second Time in this Legislative Session
In this earlier blog post, I discussed changes made to North Carolina’s first appearance process, to be effective for criminal processes served on or after December 1, 2021. Additional amendments […]
Grappling with Juror Discrimination, 35 Years After Batson v. Kentucky
Note from John Rubin: I regret to report that Emily Coward is leaving the School of Government. In her nine years at the School as part of our Public Defense […]
Legislative Changes to Required Mental Health Assessments Before Entering a Delinquency Disposition: New Provisions of G.S. 7B-2502
This is the third in a series of blogs about the changes contained in Session Law 2021-123. It summarizes the new requirement for court ordered mental health assessments, including a […]
News Roundup
Last September, Henderson County Sheriff’s Deputy Ryan Hendrix was killed in the line of duty after being shot while responding to the scene of a car break-in that had escalated […]