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Probable Cause Hearings NC PRO

Failure to conduct a probable cause hearing in a case does not affect the later validity of a trial unless a defendant shows prejudice. G.S. 15A-1443(a); State v. … See more

Actived: 8 days ago

URL: https://ncpro.sog.unc.edu/manual/118-1

Next Steps After Capacity Evaluation NC PRO

WEBThe defense may accept or dispute an evaluation reporting that the defendant has capacity to proceed, resulting in either a finding of capacity by the court or a …

Category:  Health Go Health

Jury Selection NC PRO

WEBAllred, 275 N.C. 554 (1969). Thus, the purpose of a jury challenge is to give the prosecution and defense an opportunity to remove “objectionable” jurors who may …

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Alleging and Proving Prior Convictions at Trial NC PRO

WEBThe pleading requirements, elements, method of proof, and basic court procedures for habitual and status offenses were previously addressed in the entries on …

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Medical Diagnosis/Treatment [Rule 803(4)] NC PRO

WEBThe Basic Rule. Rule 803 (4) – Statements for Purposes of Medical Diagnosis or Treatment. Statements made for purposes of medical diagnosis or treatment and …

Category:  Medical Go Health

Rebuttal Evidence NC PRO

WEBParties have the right to offer rebuttal evidence in response to matters raised during the other party’s case in chief – and to offer surrebuttal evidence in response to a …

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Mental/Physical Condition [Rule 803(3)] NC PRO

WEBThe Basic Rule. Rule 803 (3) – Then Existing Mental, Emotional, or Physical Condition. A statement of the declarant's then existing state of mind, emotion, sensation, …

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Handwriting Analysis NC PRO

WEBHandwriting analysis is typically used to determine the authorship of a piece of writing – for example, to determine whether the defendant wrote the threatening letter …

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Basic Guidelines NC PRO

WEBTo be admissible, the testimony offered by the expert witness must be: Reliable, per the three-prong reliability test of Rule 702 (a) and Daubert v. Merrell Dow …

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Impeachment: General [Rule 607] NC PRO

WEBG.S. 8C-607.. Although Rule 607 only directly addresses the issue of who may impeach a witness, this entry also discusses the methods and purposes of …

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Blood Spatter Analysis NC PRO

WEBOverview . Blood spatter analysis (or bloodstain pattern analysis) is a forensic technique in which stains of blood at a crime scene are examined to provide information …

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Subpoena to Produce Documents NC PRO

WEBA trial judge has authority to modify a subpoena to produce documents. See State v. Richardson, 59 N.C. App. 558 (1982), aff’d in part and rev’d in part on other …

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Hearsay: Definition & Admissibility [Rules 801, 802] NC PRO

WEBRule 801 – Definition of Hearsay. (a) Statement. - A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an …

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Subpoena to Produce Documents NC PRO

WEBA subpoena duces tecum (also called a “document subpoena”) is used to compel a witness to produce papers, records or other physical objects needed at trial. …

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Business Records [Rule 803(6)] NC PRO

WEBG.S. 8C-803(6) (re-formatted for clarity). Types of Records Covered by the Rule Any Organization or Business. Although Rule 803(6) is based on “the traditional …

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Horizontal Gaze Nystagmus (“HGN”) NC PRO

WEBKey Concepts. Horizontal Gaze Nystagmus, or “HGN,” refers to a jerking or stuttering type of movement observed in a person’s eyes that occurs as a result of …

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Pattern Jury Instructions NC PRO

WEBPattern Jury Instructions related to criminal cases -- organized and searchable -- are available HERE.. T he complete Pattern Jury Instructions Online …

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Motion to Dismiss: Insufficient Evidence NC PRO

WEBContent and Timing Pursuant to G.S. 15A-1227, the defendant may make a motion to dismiss the case on the grounds that there is insufficient evidence to sustain a …

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Determining Capacity to Proceed NC PRO

WEBKey Concepts. Capacity to proceed may be questioned by the parties or raised sua sponte by the court. The court has the discretion, and the duty, to determine …

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