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Full-Text Articles in Law
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
Campbell Law Review
Judges frequently assume that a lawyer who has engaged in the preparation of pleadings, the extensive discovery practice permitted by both civil and criminal statutes, and who has presented all of his or her evidence to a jury has also researched and understands the law applicable to the lawsuit. Lawyers frequently assume that a judge who has reviewed the court file and presided over the evidentiary portion of the trial also fully comprehends the law of the action. Unfortunately, neither assumption is completely correct, although both bar and trial bench correctly interpret and apply our complex and ever growing body …
Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman
Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman
Campbell Law Review
This note analyzes the public policy implications of the Ake decision while considering the resulting impact on North Carolina. The note also evaluates the soundness of the decision with respect to the requirement of a preliminary showing. Finally, recommendations for implementing the Ake rule are discussed while examining whether "access to a competent psychiatrist" is in fact a standard of constitutional disadvantage for the indigent criminal defendant.
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Campbell Law Review
This Survey provides a guide to defense attorneys who must deal with the statutory aggravating and mitigating factors set out in the Fair Sentencing Act. The Survey reviews the major cases handed down by the North Carolina Supreme Court since the Act was passed. It then concentrates on all cases from the appellate courts from August 1981 through August 1986, with a view to analyzing each aggravating and mitigating factor. The Survey seeks to show what factors are most likely to result in a remand for resentencing on appeal, and what elements each factor should contain for a successful appeal.