Accordingly, the Court has found in respect of confessions, as such, that the admission of statements obtained as a result of torture or of other ill-treatment in breach of Article 3 as evidence to establish the relevant facts in criminal proceedings rendered the proceedings as a whole unfair. [read post]

If the parent or Indian custodian does not agree to the removal or placement, or agrees only under threat of the child=s removal, then the proceeding is involuntary@ (id.).In addition, Social Services Law ' 39(6) provides that A[i]n any state court child custody proceeding involving the foster care placement of, or termination of parental rights to an Indian child not domiciled or residing within the reservation of the Indian child=s tribe, the court, in the absence of good cause to… [read post]

This post summarizes published criminal decisions released by the North Carolina Court of Appeals on April 5, 2022. [read post]