Administration of Justice Bulletin Series

Most recently published bulletins are shown first. Displaying 1 - 73 of 73 bulletins
Title Author Date Description Download
Gun Permit Appeals Jeffrey B. Welty 2016

This bulletin addresses how courts should handle concealed handgun permit and pistol purchase permit appeals.

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Judicial Ethics and Social Media Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in July 2015.

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Contempt Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in February 2014.

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One Trial Judge Overruling Another Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in April 2014.

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Removal of Court Officials Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in January 2015.

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Functus Officio Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in July 2014.

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Recusal Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in February 2014.

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Inherent Authority Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in February 2014.

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A Quick Guide to Sovereign Citizens Michael Crowell 2015

This bulletin was previously posted as a paper on the School of Government’s Judicial Authority and Administration microsite in November 2013.

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What Gets Judges in Trouble Michael Crowell 2015

This bulletin reviews the disciplinary actions against judges in North Carolina over the last 40 years and discusses the kind of misconduct that gets judges in trouble.

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Criminal Evidence: Hearsay Jessica Smith 2013

This bulletin explains the hearsay rule and the key exceptions to it that arise in North Carolina criminal cases.

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North Carolina's Habitual Felon, Violent Habitual Felon, and Habitual Breaking and Entering Laws Jeffrey B. Welty 2013

This bulletin concerns three closely related statutory provisions that target repeat serious offenders: the habitual felon laws, the violent habitual felon laws, and the habitual breaking and enter

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Criminal Evidence: Character Evidence Jessica Smith 2013

This bulletin explains the rules on the admissibility of character evidence in criminal trials.

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Rule 404(b): Evidence of Other Crimes, Wrongs, or Acts Jessica Smith 2013

The admissibility of Rule 404(b) evidence is one of the most litigated evidence issues. The rule pertains to evidence of other crimes, wrongs, or acts.

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Magistrate Procedures for Ordering Civil License Revocations and the Seizure and Impoundment of Motor Vehicles Shea Riggsbee Denning 2013

This bulletin focuses on the procedures governing civil license revocation and the seizure and impoundment of motor vehicles.

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Remote Testimony and Related Procedures Impacting a Criminal Defendant's Confrontation Rights Jessica Smith 2013

Since the United States Supreme Court’s decision in Crawford v. Washington, and even more so after its ruling in Melendez-Diaz v.

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Confrontation Clause Update: Williams v. Illinois and What It Means for Forensic Reports Jessica Smith 2012

Under the new Crawford analysis, a testimonial hearsay statement by a person who does not testify at trial is inadmissible unless the prosecution establishes unavailability and a prior opportunity

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Sentencing for Impaired Driving under G.S. 20-179 Shea Riggsbee Denning 2012

This bulletin discusses the sentencing provisions of G.S. 20-179, which governs sentencing for impaired driving and related offenses.

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Access to Court Records in North Carolina and Judicial Privilege Michael Crowell 2012

This bulletin reviews the constitutional and statutory law on public access to court records in North Carolina and also discusses whether North Carolina courts might recognize a judicial privilege

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Attorney Fee Provisions in North Carolina Contracts Ann M. Anderson 2011

A key statutory exception to the rule against enforcing contractual attorney fee provisions is found in Section 6-21.2 of the North Carolina General Statutes, which allows enforcement of attorney f

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One Trial Judge Overruling Another Michael Crowell 2011

It is commonly believed that one trial judge may not overrule another. The rule is more complicated than this simple phrase implies.

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Motor Vehicle Checkpoints Jeffrey B. Welty 2010

This bulletin summarizes and clarifies in question-answer format, the rules regarding checkpoints used to enforce North Carolina's motor vehicle laws.

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Motions for Appropriate Relief Jessica Smith 2010

This bulletin discusses procedural issues that arise in connection with motions for appropriate relief filed in the trial division including for example, grounds that can be asserted, timing rules,

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Understanding the New Confrontation Clause Analysis: Crawford, Davis, and Melendez-Diaz Jessica Smith 2010

This bulletin explains the current state of confrontation clause law. It covers the U.S. Supreme Court's decisions in Crawford, Davis, and Melendez-Diaz.

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Motions Procedures in Implied Consent Cases after State v. Fowler and State v. Palmer Shea Riggsbee Denning 2009

This bulletin explains procedures enacted by the Motor Vehicle Driver Protection Act of 2006 that govern the filing of motions to suppress and motions to dismiss in implied consent cases in distric

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Criminal Procedure for Magistrates Jessica Smith 2009

This bulletin summarizes criminal procedure for North Carolina magistrates. Coverage includes criminal process and pleadings, initial appearance, pretrial release, fugitives, and search warrants.

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What's Knoll Got to Do with It? Procedures in Implied Consent Cases to Prevent Dismissals Under Knoll Shea Riggsbee Denning 2009

In addition to enacting the motions procedures for implied consent cases upheld by the court of appeals in State v. Fowler and State v.

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Prosecution and Law Enforcement Access to Information about Electronic Communications Jeffrey B. Welty 2009

Law enforcement officers and prosecutors frequently wish to access information about a suspect's electronic communications, such as phone calls, text messages, and e-mails.

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2009 Legislation Affecting Criminal Law and Procedure John Rubin 2009

This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 2009.

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Special Evidentiary Issues in Sexual Assault Cases: The Rape Shield Law and Evidence of Prior Sexual Misconduct by the Defendant Jeffrey B. Welty 2009

This bulletin addresses two of the most common special evidentiary issues in sexual assault cases: the admissibility of evidence about the complainant's sexual history and the admissibility of evid

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Time Limits on Trials Michael Crowell 2009

This bulletin discusses the authority of judges to set time limits on trials and other court proceedings.

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Sexual Assault Cases Based on Conduct before 2001 James M. Markham, Jeffrey B. Welty 2009

This bulletin provides a resource for judges and lawyers involved in sexual assault cases based on conduct before 2001, and includes a chart listing the most commonly charged offenses in sexual ass

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Evidence Issues in Criminal Cases Involving Child Victims and Child Witnesses Jessica Smith 2008

This bulletin addresses evidence issues that require special consideration in cases involving child victims and child witnesses, including competency, oath or affirmation, examination of child witn

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2008 Legislation Affecting Criminal Law and Procedure John Rubin 2008

This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 2008.

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The Criminal Indictment: Fatal Defect, Fatal Variance, and Amendment Jessica Smith 2008

This bulletin explores the criminal indictment, focusing on issues of fatal defect, fatal variance, and when the indictment may be amended.

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North Carolina's Habitual Felon and Violent Habitual Felon Laws Jeffrey B. Welty 2008 Download (334.67 KB)
2007 Legislation Affecting Criminal Law and Procedure John Rubin 2008

Discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 2007.

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The Magistrate's Role in Involuntary Commitment Joan G. Brannon 2007

This bulletin defines involuntary civil commitment, describes the commitment process, and focuses on the magistrate's role in the process that potentially leads to involuntary civil commitment.

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Selected Counsel Issues in North Carolina Criminal Cases Jessica Smith 2007

Discusses a criminal defendant's right to proceed pro se and various legal issues regarding waiver and forfeiture of counsel in North Carolina criminal cases.

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2006 Legislation Affecting Criminal Law and Procedure John Rubin 2007

The General Assembly passed three major acts affecting criminal law and procedure in 2006.

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2005 Legislation Affecting Criminal Law and Procedure John Rubin 2005

The most significant legislation enacted by the General Assembly in the field of criminal law and procedure was what has become known as the Blakely bill, which responds to rulings of the United St

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2005 Legislation Affecting Small Claims Actions and Other Non-Criminal Functions of Magistrates Joan G. Brannon 2005

The 2005 General Assembly enacted a number of bills affecting small claims and miscellaneous duties of magistrates, some of which made significant changes in certain summary ejectment actions.

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The Role and Responsibilities of Court-Appointed Lawyers in Guardianship Proceedings John L. Saxon 2005

Examines the roles and responsibilities of court-appointed lawyers in guardianship proceedings under North Carolina law, the guardianship statutes of other states, the rules of professional conduct

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The Federal Arbitration Act: Federal Preemption of State Law Regulating Arbitration W. Mark C. Weidemaier 2005

Discusses The Federal Arbitration Act (FAA) preemption of state law and sets out the analytical steps state courts should follow in addressing issues of FAA preemption.

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Pleas and Plea Negotiations in North Carolina Superior Court Jessica Smith 2005

Summarizes the constitutional, statutory, and case law regarding pleas and plea negotiations in superior court.

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Class 3 Misdemeanors and Infractions under the Guilty Plea Jurisdiction of Magistrates Joan G. Brannon 2005

Deals with the third of three authorizations North Carolina law allows for magistrates to take guilty pleas. N.C.G.S.

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Service of Process and the Military W. Mark C. Weidemaier 2004

Addresses service of process on members of the United States Armed Forces and civilians located on military property.

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International Service of Process under the Hague Convention W. Mark C. Weidemaier 2004

Addresses some commonly-encountered issues related to international service of process, particularly those arising under the Convention on the Service Abroad of Judicial and Extrajudicial Documents

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Retroactivity of Judge-Made Rules Jessica Smith 2004

Explains retroactivity analysis and then applies it to two recent decisions of the United States Supreme Court: Crawford v. Washington and Blakely v. Washington.

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2004 Legislation Affecting Criminal Law and Procedure John Rubin 2004

The General Assembly enacted three major pieces of legislation in the field of criminal law and procedure as well as numerous smaller acts.

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2004 Small Claims and Miscellaneous Legislation Affecting Magistrates Joan G. Brannon 2004

This bulletin will discuss the bills enacted by the 2004 General Assembly that affect small claims and other noncriminal matters of interest to magistrates.

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Motions for Appropriate Relief: Grounds That May Be Asserted and Timing Rules for Asserting Them Jessica Smith 2004

Discusses the grounds that may be assetred in motions for appropriate relief filed by the state and the defense and the time for asserting those grounds.

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Limitations on a Judge's Authority to Impose a More Severe Sentence after a Defendant's Successful Appeal or Collateral Attack Jessica Smith 2003

Explores the scope of limitations on a judge's authority when a conviction or sentence is set aside on direct appeal or collaterally through a motion for appropriate relief.

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2003 Legislation Affecting Criminal Law and Procedure Jessica Smith 2003

This bulletin summarizes the 2003 legislative changes affecting criminal law and procedure.

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Trial Judge's Authority to Sua Sponte Correct Errors after Entry of Judgment in a Criminal Case Jessica Smith 2003

Addresses the question: What authority does the trial court have to correct an error on its own motion after entry of judgment in a criminal case?

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2002 Legislation Affecting Criminal Law and Procedure Jessica Smith 2002

This bulletin summarizes the 2002 legislative changes affecting criminal law and procedure.

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Administrative Per Se Requirements and Ignition Interlocks in Impaired Driving Offenses James C. Drennan 2002

Discusses two separate provisions to regulate the behavior of convicted impaired drivers, enacted by the 1999 North Carolina General Assembly.

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2001 Legislation Affecting Criminal Law and Procedure John Rubin 2002

The longest legislative session in state history resulted in no major overhauls in the field of criminal law and procedure but it did reach into many different areas and produced some significant c

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Domestic Violence Special Pretrial Release and Other Issues Joan G. Brannon 2001

Discusses the special pretrial release rules that apply to domestic violence crimes.

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Two Issues in MAR Procedure: Hearings and Showing Required to Succeed on a MAR Jessica Smith 2001

One procedural issue that arises in connection with MARs is whether they can be resolved on the filed papers or whether hearings are necessary or re-quired.

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Procedural Default in State and Federal Post-Conviction Proceedings Jessica Smith 2001

The purpose of this bulletin is to aid courts and litigants in their analysis of procedural default by explaining the relevant law, and to provide simple rules for opinion writing to ensure that st

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2000 Legislation Affecting Criminal Law and Procedure John Rubin 2000

The 2000 General Assembly made few substantive changes in the state’s criminal law and procedure.

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1999 Legislation Affecting Criminal Law and Procedure John Rubin 1999

As in most sessions, the 1999 General Assembly made numerous changes to the state’s criminal laws. The changes were of a more technical nature than in previous sessions, however.

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1999 Small Claims and Miscellaneous Legislation Affecting Magistrates 1999 Download (71.5 KB)
Update to Book, Law of Sentencing, Probation, & Parole in NC Stevens H. Clarke 1999

The book Law of Sentencing, Probation, an

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1998 Legislation Affecting Criminal Law and Procedure John Rubin 1998

The 1998 session of the General Assembly was a relatively quiet one in the field of criminal law and procedure, or at least in what traditionally has been considered part of that field.

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Religion in the Courtroom James C. Drennan 1998

Discusses the law applicable to conflicts that pit an individual's desire to exercise his or her personal religious beliefs against the state's need to establish governmental rules and norms that h

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1997 Legislation Affecting Criminal Law and Procedure John Rubin 1997

This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 1997.

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1996 Legislation Affecting Criminal Law and Procedure John Rubin 1996

This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 1996.

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1995 Legislation Affecting Criminal Law and Procedure John Rubin 1995

This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 1995.

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Immunity of Prosecutors, Judges, and Public Defenders Sued under Section 1983 Ruth T. Dowling, Robert L. Farb 1994

Discusses the primary vehicle for lawsuits brought against prosecutors, judges, and public defenders for alleged misconduct in the performance of their duties, Section 1983 of Title 42 of the Unite

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The Voluntary Intoxication Defense John Rubin 1993

This paper is intended to serve as a reference source on the developing law of voluntary intoxication in North Carolina.

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The Diminished Capacity Defense John Rubin 1992

This paper is intended to serve as a reference source on the major issues that have arisen in diminished capacity cases in North Carolina.

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