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

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

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

The book Law of Sentencing, Probation, an

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.

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

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

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

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?

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.

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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,

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

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

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

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

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

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

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

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

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

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

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

Restitution is court-ordered compensation from a criminal defendant to a crime victim or to a party that provided assistance to the victim.

Many attorneys have expressed concerns about their ability to effectively communicate with their clients in jail during the pandemic.

As COVID-19 cases continue to rise across North Carolina, criminal jury trials have resumed in some districts following a six-month hiatus.

Consider these common scenarios. A criminal attorney learns that a county department of social services (DSS) or equivalent agency has been involved with that attorney’s client and family.

A no-knock search warrant is a warrant that allows an officer to force his or her way into a premises without first knocking on the door and announcing his or her presence and purpose.