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23 May 2016, 1:13 pm by Alyson Grine
In a previous post, my colleague Shea Denning described North Carolina’s uniform court system and the fines and forfeitures clause of our state constitution, which protect against the corruption that can occur when police officers and judges stand to profit from court fees, a practice that the DOJ recently condemned following an investigation of the police department in Ferguson, Missouri. [read post]
23 May 2016, 1:13 pm by Alyson Grine
In a previous post, my colleague Shea Denning described North Carolina’s uniform court system and the fines and forfeitures clause of our state constitution, which protect against the corruption that can occur when police officers and judges stand to profit from court fees, a practice that the DOJ recently condemned following an investigation of the police department in Ferguson, Missouri. [read post]
13 Nov 2018, 7:31 am by Jonathan Holbrook
Shea Denning and Jeff Welty covered that issue in a series of posts available here, here, and here. [read post]
13 Mar 2018, 8:19 am by Jonathan Holbrook
Jeff Welty considered how this rule applied to authenticating phone records back in 2011, and in 2013 Shea Denning explained the one clear exception we had to the rule, which allowed for the use of affidavits with certain hospital records.] [read post]
12 Apr 2016, 8:42 am by Bob Farb
The definition of a crime punishable by imprisonment exceeding one year excludes: (1) federal or state offenses involving antitrust violations, unfair trade practices, restraints of trade, and other similar offenses concerning regulation of business practices; and (2) state offenses classified as misdemeanors and punishable by two years or less, which excludes all North Carolina misdemeanors except (i) DWI, Aggravated Level One, which is punishable by up to three years (or perhaps all DWIs committed… [read post]
19 Sep 2017, 6:34 am by Phil Dixon
Thanks to Shea Denning, the participants were treated to a thorough overview of driving while impaired, from the elements of the crime, to the Chapter 20 motions procedure, to sentencing in DWI cases. [read post]
14 Aug 2018, 12:32 pm by Jonathan Holbrook
Shea Denning has previously posted about G.S. 15A-928 and some of the key cases interpreting its requirements here and here, but last week I received an interesting procedural question on this topic. [read post]
20 Jun 2016, 7:41 am by Jeff Welty
Those considerations are beyond the scope of this post but are discussed in Shea Denning’s bulletin, What’s Knoll Got to Do with It? [read post]
10 Sep 2019, 12:15 pm by Jonathan Holbrook
The Best Evidence Rule Shea Denning summarized this rule in a blog post last year, but just to quickly recap: Rule 1002 states that the “original” must be used in order to prove the contents of a writing, recording, or photograph, unless an exception applies. [read post]
20 Jun 2016, 7:41 am by Jeff Welty
Those considerations are beyond the scope of this post but are discussed in Shea Denning’s bulletin, What’s Knoll Got to Do with It? [read post]
24 Sep 2019, 7:37 am by Jacquelyn Greene
My colleague, Shea Denning, has blogged about some of these provisions and the question of what happens when the rights of the victim conflict with the rights of the defendant. [read post]
12 Sep 2022, 1:50 pm by Jeff Welty
Whether the rationale of Carpenter extends to pole cameras has been addressed before on this blog, most recently here and here by Shea Denning. [read post]
7 Nov 2022, 11:06 am by Jeff Welty
Shea Denning wrote here that the parking lots of private clubs are typically PVAs and collected cases holding that various other locations have also been deemed PVAs. [read post]
16 Dec 2021, 5:04 am by Jonathan Holbrook
Shea Denning previously blogged about prosecutors and Rule 3.6 here, explaining that subsection (a) of the rule generally prohibits any attorney who is involved in the case from making “an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. [read post]
1 Nov 2016, 8:01 am by John Rubin
See G.S. 20-179.3(k); see also Shea Riggsbee Denning, The Law of Impaired Driving and Related Implied Consent Offenses in North Carolina at 213 & n.26 (UNC Sch. of Gov’t, 2014). [read post]
14 Apr 2021, 7:01 am by Jonathan Holbrook
Jeff Welty and Shea Denning have previously written about red flag laws here and here. [read post]
3 May 2016, 10:29 am by John Rubin
” Slip Opinion at 7 (quoting Rule 702(a)); see also Shea Denning, Only Experts Can Testify about HGN, N.C. [read post]
3 May 2016, 10:29 am by John Rubin
” Slip Opinion at 7 (quoting Rule 702(a)); see also Shea Denning, Only Experts Can Testify about HGN, N.C. [read post]