Week in Review: Feb 9-13
Good Morning Readers! We know it has been a chaotic week and one filled with a bit of stress. So we’ll keep it light and airy, an easy blog post for your enjoyment. Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Suppression motions and contested adjudicatory hearings – If the suppression motion is denied, object when the evidence is admitted at the adjudication hearing because the failure to do so creates a heavier burden on appeal. A pretrial ruling on a mo
Week in Review: March 2-6
What a week for OJD! Started off smooth sailing and then 2 days at the UNC School of Government for the Intensive Juvenile Defender Training. But we’ll get to that later, first substance! Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender If the trial attorney does not file any motion to suppress, (or make an oral motion as allowed by §7B-2408.5(e)), the juvenile cannot raise a suppression issue on appeal. State v. Miller, 2018 N.C. LEXIS 425. If the juvenile
Week in Review: Feb 24-28
If I told you that OJD had the busiest week, would you believe us? From grant meetings to trainings, the work never stops when OJD is making juvenile justice a bit better in North Carolina. Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender N.C. Gen. Stat. § 7B-2408.5 governs suppression motions in juvenile court. Under the statute, the suppression motion must include an affidavit. In adult cases, the failure to include an affidavit waives the suppression is
Week in Review: Feb 17-21 (Corrected)
This post has been edited to correct CLE presentation information due to inaccurate names. MY APOLOGIES! – LaTobia Happy SNOW DAY Friday Readers! Parts of North Carolina are covered in snow but that doesn’t mean that OJD takes a break. We’re still working hard even if we want to go make snow angels. Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender More on Motions to Dismiss – If there are specific elements that you believe are not satisfied by the evidence,
Week in Review: Feb 10-14
Happy Valentine’s Day Readers! We hope this day reaches you with lots of joy and smiles. Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Motions to Dismiss – Always make a motion to dismiss at the close of the State’s evidence and at the close of all the evidence. Failure to do so waives the argument on appeal. In re Rikard, 161 N.C. App. 150 (2003). Challenge each element of each offense and raise variance arguments as well. If possible, constitutionalize t
Week in Review: Feb 3-7
Happy Friday readers! We hope this week was productive, exciting and successful! Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Make constitutional arguments when available. If you anticipate making constitutional arguments, put the argument in a motion and get a ruling on it. “Constitutional issues not raised . . . at trial will not be considered for the first time on appeal.” State v. Gainey, 355 N.C. 73 (2002). If an unexpected issue arises and you can
Week in Review: Jan 27-31
We finally made it through January and it’s FRIDAY! OJD has been working on new, exciting trainings, consulting with our great Defenders, and being warriors in the courtroom. How has Raise the Age gone for you so far? Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender The Rules of Evidence apply at adjudication hearings (N.C. Gen. Stat. § 7B-2408). Use the Rules to keep evidence out and even if the evidence is admitted, you can preserve the argument by making a
Week in Review: Jan 20-24
Happy Friday Readers! This week was not only a short one, but an easier one at OJD. Couple consultations, a little bit of court, you know? The usual. We’re happy to help our Public Defenders at each point of their case and even guided a couple out of state defenders to where they can find answers about North Carolina! Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender To preserve issues for appeal, object to any evidence that you suspect is inadmissible. Make
Week in Review: Jan 13-17
Happiest of Friday’s to you OJD readers! This week was full of meetings and trainings… AND INTERVIEWS! We narrowed down the candidates for the Assistant Juvenile Defender position and began the second round of interviews this week. We’re so excited to have a new attorney with us in the office, this is going to be a hard choice! APPEALS TIP OF THE WEEK: Courtesy of David Andrews, Office of the Appellate Defender 1. When you appeal, do these things:2. Make sure the juvenile has the right to appe
Week in Review: Dec 6-10
It’s the first week back from a long holiday break and OJD has been busy with all things #RaiseTheAge. Have a question or a case you could use some help on? Don’t hesistate to give us a call. We are here for you! Januar January 2020 marks the 50th Anniversary of North Carolina’s Public Defender System. Take a look at Eric with North Carolina’s FIRST Public Defender, Wallace “Wally” C. Harrelson. Raise the Age Tip of The Week How Do I Know the State Will be Seeking the Gang Enhancement Against