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Search Results for: first appearance

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A Simple Idea for Reducing FTAs on Summonses: Redesign the Form

April 8, 2019 Jessica Smith

…unnecessary delay for an initial appearance, where a judicial official determines conditions of pretrial release. See G.S. 15A-511. If the judge who issued the OFA doesn’t recommend conditions of release,…

Categories Procedure, Uncategorized Tags citation, failure to appear, forms, new york, summons 9 Comments

When Is a Residence Abandoned under the Fourth Amendment?

April 2, 2018 Jeff Welty

…down appearance, [an old store in which the defendant was growing marijuana] . . . had all the indicia of an abandoned building and any expectation of privacy with respect…

Categories Search and Seizure, Uncategorized Tags abandoned property, abandonment, fourth amendment, Search and Seizure 2 Comments
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Case Summaries – N.C. Court of Appeals (Dec. 29, 2022)

June 9, 2023January 19, 2023 Alex Phipps

…lay opinion on defendant’s appearance in surveillance footage was not error. State v. Taylor, 2022-NCCOA-910, ___ N.C. App. ___ (Dec. 29, 2022). In this Nash County case, defendant appealed his…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals
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Shifting the Landscape for the Domestic Violence 48-Hour Rule?

November 5, 2024 Brittany Bromell

…whether a domestic violence defendant who does not have a timely appearance before a judge—or any appearance at all—would have been released earlier had they received a timely pretrial hearing….

Categories Procedure Tags 48 hour rule, domestic violence, prejudice, procedural due process

Laws Named After Victims

July 12, 2011 Jeff Welty

…report a child’s death within one hour, or a child’s disappearance within 24 hours. Some organizations are even calling for a federal law. This activity was sparked by the Casey…

Categories Uncategorized Tags Caylee's Law, victims 2 Comments
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Bail Reform in North Carolina—Pilot Project: New Decisionmaking Framework

February 28, 2019 Jessica Smith

…the statutory mandate and impose non-financial conditions unless they determine that such release will not reasonably assure appearance; will pose a danger of injury to any person; or is likely…

Categories Uncategorized Tags bail, bond, framework, pretrial release, reform 3 Comments
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Case Summaries–Fourth Circuit Court of Appeals (Oct. 2019)

November 4, 2019 Phil Dixon

…on the application of the plain-view exception to the warrant requirement. This at least created an appearance of unfairness for Law Firm clients and the public at large that “the…

Categories Search and Seizure, Uncategorized Tags case summaries, fourth circuit, October 2019 Leave a comment

Visual Identification of Drugs (Again)

October 17, 2017August 20, 2009 Jeff Welty

…tablets in question.” Specifically, the agent compared the appearance of the pills, including their pharmaceutical markings, to a reference work called Micromedics Literature, which he testified is “used by the…

Categories Evidence, Uncategorized Tags controlled substances, drugs, expert testimony, identification 5 Comments
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Use of Summons v. Arrest in North Carolina Misdemeanor Cases: A County-Level Analysis

September 19, 2019 Jessica Smith

Under state law, pretrial conditions must be set after a defendant is arrested for a crime, and this typically occurs at the initial appearance before a magistrate. G.S. 15A-511. Although…

Categories Procedure, Uncategorized Tags arrest, data, pretrial release, summons 3 Comments
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Case Summaries: Fourth Circuit Court of Appeals (May 2025)

June 17, 2025 Phil Dixon

…broke down, and Attorney #1 was allowed to withdraw from the case. After a second attorney made an appearance in the case (Attorney #2), he and the defendant discussed the…

Categories Case Summaries Tags 4th Cir., case summaries, Fourth Circuit Court of Appeals, May 2025
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Authors

Alexander Cowell (3)
Alyson Grine (16)
Rebecca Fisher-Gabbard (2)
Brittany Bromell (75)
Michael Crowell (7)
Christopher Tyner (262)
Phil Dixon (183)
James Drennan (1)
Emily Coward (8)
Belal Elrahal (19)
Ethan Rex (3)
Bob Farb (46)
Joseph L. Hyde (40)
Hannah Turner (9)
Ian Mance (3)
Jacquelyn Greene (73)
Jonathan Holbrook (56)
Jamie Markham (547)
John Rubin (96)
Kirsten Leloudis (1)
Kristi Nickodem (3)
LaToya Powell (7)
Caitlin Little (1)
Maggie Bailey (3)
Chris McLaughlin (1)
Melanie Crenshaw (2)
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 (1186)
Whitney Fairbanks (1)

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