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Hearsay Rules

This section explains the hearsay rules and the key exceptions to it that arise in North Carolina criminal cases.
Keywords: excited utterance, residual exception, dying declaration, present sense impression, Hinnant rule, regularly conducted business activity, public records, unavailability, statement against interest

Double Jeopardy

This section discusses constitutional double jeopardy protections.
Keywords: Fifth Amendment, Blockburger, collateral estoppel

Immunity of the State and Local Governments

This paper explains governmental immunity, particularly for local governments (counties and cities) and school boards. It discusses the difference between governmental and proprietary functions and how qualified immunity is handled differently for public officials and public employees. The paper reviews waiver of immunity through the purchase of insurance. It also covers legislative and judicial immunity as they apply to local officials.
Keywords: Sovereign immunity, governmental immunity, governmental functions, proprietary functions, waiver of immunity, legislative immunity, judicial immunity, local governments, State Tort Claims Act, Negligence, risk pool, public duty doctrine, official capacity, individual capacity, public official, public employee, § 1983

Minimum/Maximum Charts for Felonies Committed on or after 10/1/13

This section reproduces the Structured Sentencing minimum and maximum sentencing charts for felonies committed on or after 10/1/2013.
Keywords:

Jury Review of Evidence in Civil Deliberations

This section discusses the procedure under G.S. 1-181.2 for responding to a jury request to review evidence during deliberations in civil trials.
Keywords: civil deliberations, jury deliberation, jury review, review of evidence, jury room

Inherent Authority

This paper reviews the court’s inherent authority to act when no procedure is provided by statute or rule to address the situation facing the court. It discusses the particular circumstances in which such inherent authority has been applied and also notes the limitations on the court’s power when it intrudes on legislative or executive authority.
Keywords: Inherent, Alamance County, separation of powers, judicial authority, due process, jurisdiction, facilities, courthouse, contempt, attorneys, constitution, independent branch, control, gatekeeper order

Post-Conviction DNA Testing (Updated April 2023)

The North Carolina General Statutes provide a state law right for post-conviction DNA testing of biological evidence, in certain circumstances. G.S. 15A-269, -270, and -270.1 set out the procedures for such testing, and those procedures are discussed in detail in the sections that follow.
Keywords: Post Conviction, DNA

Limitations on More Severe Sentence

This section discusses the constitutional and statutory rules that limit a judge’s authority to impose a more severe sentence after a successful appeal or collateral attack.
Keywords: North Carolina v. Pearce, 15A-1335, resentencing, re-sentencing

Rule of Civil Procedure 60(b)(6)

This paper discusses the requirements and limitations of subsection (6), the “catch-all” provision of Rule of Civil Procedure 60(b).
Keywords: Rule 60, catch-all, motion for relief, equitable relief, relief from judgment, grant reservoir

Rule 9(j) of the Rules of Civil Procedure: Special Pleading in Medical Malpractice Claims

This paper discusses the requirements under Civil Procedure Rule 9(j) for special pleading in medical malpractice actions. It includes the 2011 statutory amendments.
Keywords: Rule 9(j), special pleading, medical malpractice, medical malpractice complaint