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Criminal Law

  • Red Flag Laws and the Second Amendment
    About a year ago, Shea wrote about red flag laws, sometimes called gun violence restraining orders or extreme risk protection orders. More than a dozen states have such laws, and several bills are pending in the General Assembly that would enact a red flag law here. But are red flag… Read more »
  • News Roundup
    Though Independence Day has passed, the celebration will continue for many through a weekend of travel and events with family and friends.  Through Friday evening, the NCDOT is suspending most major projects that require lane closure, and projects may be suspended on Sunday as well.  Law enforcement agencies across the… Read more »
  • Case Summaries – N.C. Court of Appeals
    As Chris Tyner explained here a few weeks ago, the School of Government will be continuing Professor Smith’s practice of summarizing recent North Carolina appellate cases on criminal law. The summaries will be posted here on the blog, and also sent out to the criminal law listserv. This post provides… Read more »
  • Another Self-Defense Decision on a Troublesome Doctrine
    In State v. Harvey, ___ N.C. ___, ___ S.E.2d ___ (June 14, 2019), a five to one majority of the North Carolina Supreme Court affirmed the unpublished decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 817 S.E.2d 500 (2018), holding that the trial judge… Read more »
  • News Roundup
    Last month the News Roundup noted that a federal judge had vacated Charles Ray Finch’s 1976 state conviction for murder.  That ruling followed the Fourth Circuit’s decision earlier this year that Finch was entitled to a hearing on the merits of an untimely habeas petition because he met the actual… Read more »
  • A “Single Superior Court” for Prior Record Level Purposes
    Under G.S. 15A-1340.14(d), when a defendant has more than one prior conviction from a “single superior court during one calendar week,” only the most serious of them counts for prior record points for felony sentencing. What is a “single superior court”? For most defendants with prior superior court convictions, all… Read more »
  • Flowers v. Mississippi
    Late last week the United States Supreme Court decided Flowers v. Mississippi, 588 U.S. ___, ___ S. Ct. ___ (Jun. 21, 2019), holding in the context of a Batson challenge that the trial court committed clear error in concluding that the State’s peremptory strike of a black prospective juror was not… Read more »
  • Using DSS Custody in Delinquency Cases – Key Takeaways
    My colleague, Sara DePasquale, and I were excited to release a new Juvenile Law Bulletin two weeks ago—Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work? We were also exhausted. While the laws that allow for courts to order juveniles into DSS custody in a delinquency… Read more »
  • May Search Warrants for Cell Phones Include Connected Cloud Services?
    While preparing to teach a recent class about search warrants for digital devices, I spoke with a number of experts in digital forensics. Each conversation was very helpful. Almost all of them touched on an issue I’d never previously considered: whether search warrants for cell phones do or may include… Read more »
  • News Roundup
    As the News Roundup noted last week, bills in the General Assembly that would require Sheriffs to cooperate with federal immigration enforcement efforts are causing some controversy.  The News & Observer reports that the Sheriffs of Mecklenburg, Buncombe, and Wake counties attended a Senate Judiciary Committee meeting this week to… Read more »
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Civil Law

  • Summary Ejectment Roundtable
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    On June 14, approximately 30 people – including yours truly – participated in a Statewide Roundtable on Summary Ejectment jointly sponsored by AOC and the Bolch Judicial Institute. Participants included representatives from Legal Services, the private bar, the Duke Civil Justice Clinic, the N.C. Justice Center, and other non-profits, along… Read more »
  • Using DSS Custody in Delinquency Cases – Key Takeaways
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    My colleague, Sara DePasquale, and I were excited to release a new Juvenile Law Bulletin two weeks ago—Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work? We were also exhausted. While the laws that allow for courts to order juveniles into DSS custody in a delinquency… Read more »
  • Public Official Immunity for Intentional Torts? The Split Continues
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    Elected officials, law enforcement officers, tax collectors, zoning inspectors and other public officials sometimes face lawsuits over decisions they have made or actions they have taken. To prevent the fear of lawsuits from unduly influencing the judgment of public officials, the law extends personal liability protection to them in the… Read more »
  • Extra! Extra! Read All About It! New Juvenile Law Bulletin – Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?
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    Did you know that in a juvenile delinquency court case the juvenile may be placed in the custody of a county’s child welfare department (usually a department of social services (DSS))? A DSS placement through a delinquency action may happen in one of three ways: a nonsecure custody order (G.S.… Read more »
  • Amending the Defendant’s Name: Correcting a Misnomer or Adding a New Defendant?
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    A hypothetical:  Mr. Stone filed a tort action against a nearby grocery store after he was injured in the dairy aisle. A week later—just after the statute of limitations expired—Mr. Stone’s attorney discovered that the complaint and summons misstated Defendant’s name. The attorney moved to amend the complaint and summons… Read more »
  • When Does Delinquency Result in Abuse, Neglect, or Dependency?
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    A juvenile may be involved with both the juvenile justice and child welfare systems. These youth are sometimes referred to as “dual jurisdiction” or “crossover youth.” Two of the ways a juvenile in North Carolina may be involved with both systems is when the juvenile is the subject of a… Read more »
  • Apply Now! Elder Abuse Workshop at the School of Government
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      Yesterday, the application period opened for a free workshop we will be hosting September 26-27, 2019 at the School of Government in Chapel Hill.* The purpose of the workshop is to bring together stakeholders from around North Carolina to create and grow multi-disciplinary teams (MDTs) to address elder abuse… Read more »
  • No Kids in Court?
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    **This post was written by SOG faculty member Jeff Welty (although I made a few very minor edits) and posted on the NC Criminal Law Blog on April 30, 2019.   A few weeks ago, WRAL reported that a courtroom deputy and district court judge told a woman waiting in… Read more »
  • Default and Summary Judgment in ‘Divorce’ Cases
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    In a recent opinion, the court of appeals held that a trial court has no authority to annul a marriage by summary judgment. Hill v. Durette, (N.C. App, March 19, 2019). This case reminds us that while the Rules of Civil Procedure apply to domestic relations cases generally, there are… Read more »
  •  A Lease or a License?
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    Every small claims magistrate knows that a “simple landlord-tenant relationship” is a jurisdictional requirement in summary ejectment actions. In most cases the existence of such a relationship is quite clear, but that’s not always so. When the property in question is something other than a home or business, questions sometimes… Read more »
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The article feeds on this page are from the UNC School of Government, do not constitute legal advice and do not represent the opinions of Song Law, PLLC or or it’s representatives.

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