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Search Results for: first appearance

The Abandonment of Digital Devices

November 15, 2023 Jeff Welty

…an apartment parking lot, turned in to police, and its owner did not file a police report or attempt to retrieve it within a day of its disappearance). Nonetheless, courts…

Categories Uncategorized Tags abandonment, cell phones, digital devices privacy, phones, reasonable expectation of privacy, search
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Jury Argument — Part III

October 11, 2017May 21, 2012 Jessica Smith

…165-67 (1971); State v. Ballard, 191 N.C. 122, 124-25 (1926). Argument Regarding Defendant’s Appearance. It is improper to argue that a defendant should be convicted simply because of how he…

Categories Procedure, Uncategorized Tags closing argument, jury argument Leave a comment
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Prosecutors, Ethics, and Plea Bargaining in Misdemeanor Cases

May 21, 2019May 15, 2019 Shea Denning

…authority. With the proper authorization, magistrates can appoint counsel as early as a person’s initial appearance. Moving beyond systemic issues and on to the specific ethical advice, I can imagine…

Categories Uncategorized Tags ABA formal opinion 486, ethics, prosecutors 18 Comments

Ad Hoc Conditions of Probation

October 16, 2017June 1, 2010 Jamie Markham

…the local police for “continued enforcement,” under the rationale described here. Shore v. Edmisten, 290 N.C. 628 (1976). Nationally, conditions directed at a defendants’ personal appearance (e.g., “get a haircut,”…

Categories Sentencing, Uncategorized Tags ad hoc, conditions, probation 4 Comments

Is Spitting on a Person an Assault?

November 14, 2016 Jeff Welty

…as “an 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…

Categories Crimes and Elements, Uncategorized Tags assault, loogie, spit, spitting 7 Comments
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48-Hour Rule Refresher

April 4, 2023 Brittany Bromell

Pretrial release is generally set by magistrates at a defendant’s initial appearance. As a special approach to setting conditions of pretrial release, the “48-hour rule,” as it is known in…

Categories Procedure Tags 48 hour rule, confinement, first appearance, judicial authority, magistrates

Omnibus Criminal Law Bill

September 30, 2015 Jeff Welty

…require the execution of a secured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond for the charges or, if…

Categories Evidence, Procedure, Uncategorized Tags bill, general assembly 2 Comments

The State Bar Addresses Lawyers, Judges, and Social Media

March 1, 2016March 16, 2015 Jeff Welty

…judges; and that judges may not endorse or recommend lawyers, because such an endorsement or recommendation may “create the appearance of judicial partiality.” The opinion also states that lawyers and…

Categories Uncategorized Tags ethics, facebook, linkedin, social media, state bar 3 Comments
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No More Minors in Jails

July 28, 2020 Jacquelyn Greene

…information about when youth have criminal court appearances. It will also be less convenient for defense attorneys to meet with their clients when they are housed in a juvenile detention…

Categories Uncategorized Tags juvenile detention; juveniles in jails; jail removal Leave a comment
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Not So Fast:  Dismissal of DWI Charges for Failure to Schedule Trial in 30 Days  

March 18, 2015 Shea Denning

…first setting of the case. Obviously, an attorney who has not even been appointed, much less entered an appearance in the case, cannot be armed at that first setting with…

Categories Motor Vehicles, Procedure Tags DWI, motions to dismiss, vehicle forfeiture 17 Comments
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Authors

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Belal Elrahal (26)
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Hannah Turner (11)
Ian Mance (3)
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Kirsten Leloudis (1)
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LaToya Powell (7)
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Meredith Smith (5)
M. Jeanette Pitts (2)
Alex Phipps (86)
Sara DePasquale (9)
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Jessica Smith (252)
SOG Staff (77)
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Timothy Heinle (6)
Tom Thornburg (6)
Jeffrey Welty (1196)
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