John L. Saxon was a Professor of Public Law and Government at the School of Government. He joined the faculty in 1992, and his areas of interest included social services law, child support, elder law, and family policy. Prior to this appointment, he worked for 15 years as an attorney for the U.S. Senate and the U.S. Department of the Interior, and as a legal services lawyer in South Carolina, Virginia, and North Carolina. He is the editor of North Carolina Legislation 1997 and North Carolina Legislation 1998, is co-author of The Law and the Elderly in North Carolina, and has written numerous articles and bulletins on welfare reform, social services, child support, and elder law. He retired from the School of Government in 2010.
- Pretrial Vol. 1
- Contents and Preface
- 1 Pretrial Release
- 1.0 Contents and Introduction
- 1.1 Importance of Pretrial Release
- 1.2 Required Proceedings
- 1.3 Eligibility for Pretrial Release
- 1.4 Exceptions to Eligibility for Pretrial Release
- 1.5 Types of Pretrial Release
- 1.6 Law Governing Judge’s Discretion
- 1.7 Investigation and Preparation for Bond Reduction Motion
- 1.8 Procedure for Bond Reduction Motion
- 1.9 Post-Release Issues
- 1.10 Release Pending Appeal
- 1.11 Dismissal as Remedy for Violations
- Appendix 1-1 Interview Checklist for Bond Hearing
- 2 Capacity to Proceed
- 3 Probable Cause Hearings
- 4 Discovery
- 5 Experts and Other Assistance
- 6 Joinder and Severance
- 7 Speedy Trial and Related Issues
- 8 Criminal Pleadings
- 9 Grand Jury Proceedings
- 10 Jurisdiction
- 10.0 Contents and Introduction
- 10.1 Types of Jurisdiction
- 10.2 Territorial Jurisdiction
- 10.3 Federal Enclaves
- 10.4 Personal Jurisdiction
- 10.5 Subject Matter Jurisdiction of District Court
- 10.6. Subject Matter Jurisdiction of Juvenile Court
- 10.7 Subject Matter Jurisdiction of Superior Court
- 10.8 Jurisdiction of Individual Judges
- 10.9 Appeals, Post-Conviction Litigation, and Writs
- 11 Venue
- 12 Right to Counsel
- 12.0 Contents and Introduction
- 12.1 Scope of Right to Counsel
- 12.2 Consequences of Denial of Counsel
- 12.3 Types of Cases in which Right to Counsel Applies
- 12.4 Stages of Criminal Case in which Right to Counsel Applies
- 12.5 Appointment of Counsel
- 12.6 Waiver of Counsel
- 12.7 Right to Effective Assistance of Counsel
- 12.8 Attorney-Client Relationship
- 12.9 Repayment of Attorneys Fees
- Appendix 12-1 Dealing with Conflicts in Criminal Defense Representation
- 13 Motions Practice
- 14 Suppression Motions
- 14.0 Contents and Introduction
- 14.1 Evidence Subject to Exclusion
- 14.2 Warrants and Illegal Searches and Seizures
- 14.3 Illegal Confessions or Admissions
- 14.4 Illegal Identification Procedures
- 14.5 Substantial Violations of Criminal Procedure Act
- 14.6 Procedures Governing Suppression Motions
- 14.7 Appeal of Suppression Motions
- 15 Stops and Warrantless Searches
- 15.0 Contents
- 15.1 General Approach
- 15.2 Did the Officer Seize the Defendant?
- 15.3 Did the Officer Have Grounds for the Seizure?
- 15.4 Did the Officer Act within the Scope of the Seizure?
- 15.5 Did the Officer Have Grounds to Arrest or Search?
- 15.6 Did the Officer Act within the Scope of the Arrest or Search?
- Appendix 15-1 Stops and Warrantless Searches: Five Basic Steps
- Trial Vol. 2
- Contents and Preface
- 21 Personal Rights of Defendant
- 22 Duties and Conduct of Presiding Judge
- 23 Guilty Pleas
- 24 Right to Jury
- 25 Selection of Jury
- 26 Jury Misconduct
- 27 Miscellaneous Jury Procedures
- 28 Opening Statements
- 28.0 Contents and Introduction
- 28.1 Right to Opening Statement
- 28.2 Purpose and Scope
- 28.3 Reserving or Waiving Opening Statement
- 28.4 Variance between Opening Statement and Proof
- 28.5 Opening the Door to Otherwise Inadmissible Evidence
- 28.6 Admissions of Guilt During Opening Statement
- 28.7 Preservation of Issues for Appellate Review
- Appendix 28-1 Guideline 7.4 Opening Statement
- 29 Witnesses
- 29.0 Contents and Introduction
- 29.1 Securing the Attendance of Witnesses by Subpoena and Other Process
- 29.2 Securing the Production of Documents or Physical Evidence by Subpoena
- 29.3 Sequestration of Witnesses
- 29.4 Competency of Witnesses
- 29.5 Presentation of the Evidence
- 29.6 Witness Examination
- 29.7 Defendant’s Right to Testify or Not to Testify
- 29.8 Remote Testimony
- 29.9 Oath or Affirmation
- 30 Motions to Dismiss Based on Insufficient Evidence
- 31 Mistrials
- 31.0 Contents
- 31.1 Purposes of Mistrial
- 31.2 Timing of Mistrial Order
- 31.3 Standard of Review on Appeal
- 31.4 Mistrial Based on Prejudice to the Defendant
- 31.5 Mistrial Based on Prejudice to the State
- 31.6 Impossibility of Proceeding in Conformity With the Law
- 31.7 Juror Deadlock
- 31.8 Findings of Fact
- 31.9 Double Jeopardy and Mistrials
- 31.10 Practical Effect of Mistrials
- 32 Instructions to the Jury
- 32.0 Contents and Introduction
- 32.1 General Requirements
- 32.2 Charge Conference
- 32.3 Explanation of the Law
- 32.4 Requests for Instructions
- 32.5 Additional Instructions after Jury Retires
- 32.6 Trial Judge’s Authority to Provide Written Instructions to the Jury
- 32.7 Disjunctive Jury Instructions
- 32.8 IDS Performance Guidelines: Practical Considerations
- 32.9 Preservation of Issues for Appeal
- 33 Closing Arguments
- 33.0 Contents and Introduction
- 33.1 Right to Closing Argument
- 33.2 Purpose and Scope of Closing Argument
- 33.3 Time Limits
- 33.4 Number of Addresses
- 33.5 Order of Arguments
- 33.6 Admissions of Guilt During Closing Argument
- 33.7 Limitations on the Prosecution’s Argument
- 33.8 Preservation of Issues for Appellate Review
- Appendix 33‐1 Guideline 7.7 Closing Argument
- 34 Deliberations and Verdict
- 34.0 Contents and Introduction
- 34.1 Instructions to the Jury about Reaching a Verdict
- 34.2 Requests to Review Testimony and Exhibits During Deliberations
- 34.3 Coercion of the Verdict by the Trial Judge
- 34.4 Improper Expression of Opinion by Trial Judge
- 34.5 Deadlock
- 34.6 Use of Juror Notes During Deliberations
- 34.7 Verdicts
- 35 Appeals, Post‐Conviction Litigation, and Writs
- 35.0 Contents and Introduction
- 35.1 Appeals by the Defendant
- 35.2 Appeals by the State
- 35.3 Motions for Appropriate Relief
- 35.4 State Habeas Corpus
- 35.5 Resentencing after Successful Appellate or Post‐Conviction Review
- 35.6 Trial Judges' Authority to Correct, Modify, or Amend Judgments
- 35.7 Extraordinary Writs
- 35.8 Innocence Inquiry Commission
- Appendix A Performance Guidelines
- Appendix B Preserving the Record on Appeal
- Race
- Contents and Preface
- 1 Recognizing and Addressing Issues of Race in Criminal Cases
- 2 Police Investigation: Stops, Searches and Arrests
- 2.0 Contents
- 2.1 Scope of Chapter
- 2.2 Overview of Racial Profiling Concerns
- 2.3 Equal Protection Challenges to Police Action
- 2.4 Overview of the Protections Against Unreasonable Searches and Seizures
- 2.5 Consensual Encounters
- 2.6 Traffic and Pedestrian Stops
- 2.7 Other Selected Aspects of Warrantless Stops
- 2.8 Beyond Litigation
- 3 Eyewitness Identifications
- 4 Pretrial Release
- 5 Selective Prosecution: Plea Negotiations and Charging Decisions by Prosecutors
- 6 Composition of the Grand Jury and Trial Jury
- 7 Selection of the Trial Jury: Peremptory Challenges
- 8 Addressing Race at Trial
- 9 Sentencing
- 10 Sources of Information about Matters of Race
- Commitment
- Contents and Preface
- 1 Overview of Manual
- 1.0 Contents
- 1.1 Purpose of Manual
- 1.2 Terminology Used in this Chapter
- 1.3 Involuntary Commitment
- 1.4 Voluntary Admission
- 1.5 Commitments and Admissions through the Criminal Justice System
- 1.6 Collateral Consequences
- 1.7 Admissions Not Requiring Judicial Review
- 1.9 Division of Mental Health Forms
- Appendix 1-1 Commitments and Admissions: Quick Summary
- 2 Involuntary Commitment of Adults and Minors for Mental Health Treatment
- 2.0 Contents
- 2.1 Overview of Involuntary Commitment Process
- 2.2 Terminology Used in this Chapter
- 2.3 Involuntary Commitment: Prehearing Procedures
- 2.4 Outpatient Commitment Recommended by Physician or Eligible Psychologist Affiant
- 2.5 Attorney Representation
- 2.6 Initial Hearing
- 2.7 Disposition
- 2.8 Outpatient Commitment Supplemental Hearings
- 2.9 Rehearings for Inpatient Commitment
- 2.10 Rehearings for Outpatient Commitment
- 2.11 Special Emergency Procedure
- 2.12 Appeal
- Appendix 2-1 Involuntary Commitment of Adults and Minors for Mental Health Treatment
- Appendix 2-2 Memorandum to Magistrates
- 3 Involuntary Commitment of Adults and Minors for Substance Abuse Treatment
- 3.0 Contents
- 3.1 Substance Abuse Commitment
- 3.2 Terminology Used in this Chapter
- 3.3 Involuntary Substance Abuse Commitment
- 3.4 Attorney Representation
- 3.5 Hearings
- 3.6 Disposition
- 3.7 Supplemental Hearings
- 3.8 Rehearings
- 3.9 Discharge by Area Authority or Physician
- 3.10 Emergency Procedure for Violent Individuals
- 3.11 Appeal
- 3.12 Public Intoxication
- Appendix 3-1 Involuntary Commitment of Adults and Minors for Substance Abuse Treatment
- 4 Voluntary Admission of Adults for Substance Abuse Treatment
- 4.0 Contents
- 4.1 Voluntary Admission for Substance Abuse Treatment
- 4.2 Terminology Used in this Chapter
- 4.3 Admission and Treatment of Family Unit
- 4.4 Voluntary Admission of Incompetent Adult
- 4.5 No Admission by Advance Instruction
- 4.6 No Admission by Health Care Power of Attorney
- 4.7 Negotiating a Voluntary Admission When Substance Abuse Commitment Recommended
- 5 Voluntary Admission of Incompetent Adults
- 6 Voluntary Admission of Minors
- 7 Automatic Commitment—Not Guilty by Reason of Insanity
- 8 Commitment of Defendants Found Incapable of Proceeding
- 8.0 Contents
- 8.1 Overview
- 8.2 North Carolina Defender Manual: Capacity to Proceed
- 8.3 Terminology Used in this Chapter
- 8.4 Applicability to Adults and Juveniles Alleged to Be Delinquent
- 8.5 Determination of Incapacity to Proceed
- 8.6 Referral of Defendant for Civil Commitment Proceedings
- 8.7 Attorney Representation
- 8.8 Preparation for Hearing
- 8.9 Hearings
- 8.10 Dispositional Alternatives
- 8.11 Rehearings
- 8.12 Termination of Commitment
- 8.13 Supplemental Hearings in Criminal Court
- 8.14 Defendant’s Return to Stand Trial Upon Regaining Capacity
- Appendix 8.1 Capacity and Commitment Flow Chart
- 9 Involuntary Commitment and Voluntary Admission of Inmates
- 10 Voluntary Admission of Competent Adults for Treatment of Mental Illness
- 11 Admission for Mental Health Treatment Pursuant to Advance Instruction or Health Care Power of Attorney
- 12 Advising Clients on Collateral Matters and Consequences of Commitment
- 12.0 Contents
- 12.1 Overview
- 12.2 Terminology Used in this Chapter
- 12.3 Firearm Ownership and Possession
- 12.4 Driving Privileges
- 12.5 Restrictions on Patient Rights
- 12.6 Expunction of Minors’ Records of Admission and Commitment
- 12.7 Civil Rights and Remedies
- Appendix 12-1 Involuntary Commitments and Federal Firearms Disabilities
- Appendix A Forms
- Appendix B Motions
- Appendix C Working with Clients
- Appendix D Involuntary Commitment and the Federal Gun Control Act
- Appendix E Common Abbreviations
- Guardianship
- Contents and Preface
- 1 Overview of Adult Guardianship
- 2 Appointment of Attorney as Guardian ad Litem
- 3 Jurisdiction and Venue
- 4 Parties, Pleadings and Notice
- 5 Hearings, Practice and Procedure
- 6 Incapacity
- 7 Appointment of Guardians
- 8 Mediation of Adult Guardianship Cases
- 9 Appeal of Guardianship Orders
- 10 Modification and Termination of Guardianship Orders
- Immigration
- Contents and Preface
- 1 Obligations of Defense Counsel
- 2 Determining Your Client's Citizenship and Immigration Status
- 2.0 Contents and Introduction
- 2.1 Determining Whether Your Client Is a U.S. Citizen
- 2.2 Determining Your Noncitizen Client's Particular Immigration Status
- 2.3 Additional Interview Objectives for a Noncitizen Client
- 2.4 Sample Questions to Identify Client's Immigration Status and Eligibility for Relief
- Appendix 2-1 Sample Images of Immigration Documents
- Appendix 2-2 Sample Intake Form
- 3 Criminal Grounds of Removal and Other Immigration Consequences
- 3.0 Contents
- 3.1 Removal Defined
- 3.2 Deportability vs. Inadmissibility
- 3.3 Determining Whether a State Offense Triggers Removal
- 3.4 Crime-Related Grounds of Deportability
- 3.5 Crime-Related Grounds of Inadmissibility
- 3.6 Criminal Bars to Naturalization
- 3.7 Criminal Bars to Deferred Action for Childhood Arrivals
- 4 Conviction and Sentence for Immigration Purposes
- 5 Determining Possible Immigration Consequences Based on Your Client's Immigration Status
- 5.0 Contents and Introduction
- 5.1 Lawful Permanent Resident
- 5.2 Refugee (who has not yet obtained LPR status)
- 5.3 Person Granted Asylum (who has not yet obtained LPR status)
- 5.4 Nonimmigrant Visa Holder
- 5.5 Noncitizens with Temporary Protected Status
- 5.6 Noncitizens without Immigration Status
- 5.7 Summary of Priorities in Representing Noncitizen Clients by Status
- 6 Options for Minimizing Adverse Immigration Consequences
- 7 Procedures Related to Removal
- 8 State Post-Conviction Relief
- Appendix A Selected Immigration Consequences of North Carolina Offenses
- Appendix B Relevant Immigration Decisions
- Juvenile
- Contents and Preface
- 1 Overview of Manual and Juvenile Delinquency Proceedings
- 2 Rights and Protections Afforded to Juveniles
- 2.0 Contents
- 2.1 Sources of Juvenile Rights and Protections
- 2.2 Constitutional Rights Not Afforded to Juveniles
- 2.3 Right to Counsel
- 2.4 Right Against Self-Incrimination
- 2.5 Right to Standard of Proof Beyond a Reasonable Doubt
- 2.6 Right to be Free from Double Jeopardy
- 2.7 Right to an Open Hearing
- 2.8 Right to Confidentiality
- 2.9 Right to Appointment of Guardian
- 3 Juvenile Court Jurisdiction and Parties to Juvenile Proceedings
- 4 Communicating with the Juvenile Client
- 5 Intake and Diversion
- 6 Petition and Summons
- 7 Capacity to Proceed
- 7.0 Contents
- 7.1 Overview
- 7.2 Resources on Juvenile Capacity Issues
- 7.3 Terminology Used in this Chapter
- 7.4 Motions Pending Capacity Proceedings
- 7.5 Standard for Capacity to Proceed to Adjudication
- 7.6 Investigating Capacity to Proceed
- 7.7 Consequences of Questioning Capacity
- 7.8 Obtaining an Expert Evaluation
- 7.9 Examination by Local Examiner or State Facility
- 7.10 Post-Examination Procedure
- 7.11 Hearing on Capacity to Proceed
- 7.12 Admissibility at Adjudication of Results of Capacity Evaluation
- Appendix 7-1: Practical Tips for Attorneys on Using Capacity
- 8 Custody and Custody Hearings
- 9 Probable Cause and Transfer Hearings
- 9.0 Contents
- 9.1 Overview
- 9.2 Terminology Used in this Chapter
- 9.3 First Appearance
- 9.4 Probable Cause Hearing
- 9.5 Finding of No Probable Cause
- 9.6 Finding of Probable Cause
- 9.7 Appeal of Finding of Probable Cause
- 9.8 Transfer of Jurisdiction to Superior Court
- 9.9 Procedures for Transfer Hearing
- 9.10 Appeal of Order of Transfer
- 9.11 Right to Pretrial Release on Transfer
- 9.12 Detention Following Transfer
- Appendix 9-1: Sample Questions for Probable Cause and Preliminary Hearings
- 10 Discovery
- 10.0 Contents
- 10.1 Overview
- 10.2 Terminology Used in this Chapter
- 10.3 Procedures for Obtaining Discovery
- 10.4 Juvenile's Statutory Right to Discovery
- 10.5 Juvenile's Constitutional Right to Disclosure of Exculpatory Evidence
- 10.6 North Carolina Rules of Professional Conduct
- 10.7 Voluntary Disclosure by State
- 10.8 Other Sources of Information
- 10.9 Public Records Request
- 10.10 State's Statutory Right to Discovery
- 10.11 Protective Order
- 11 Motions to Suppress
- 11.0 Contents
- 11.1 Motions Practice in Juvenile Court
- 11.2 Filing Motions and Hearing Procedures
- 11.3 Bases for Motions to Suppress Statement or Admission of Juvenile
- 11.4 Case Law: Motions to Suppress In-Custody Statements of Juveniles
- 11.5 Suppression of Evidence Obtained through Illegal Search and Seizure
- 11.6 Suppression of Illegal Identifications
- 12 Adjudicatory Hearings
- 13 Dispositional Hearings
- 13.0 Contents
- 13.1 Overview
- 13.2 Terminology Used in this Chapter
- 13.3 Preliminary Matters
- 13.4 Predisposition Investigation and Report
- 13.5 Dispositional Hearing
- 13.6 Dispositional Alternatives
- 13.7 Delinquency History Levels and Offense Classification
- 13.8 Dispositional Limits for Each Class of Offense and History Level
- 13.9 Registration of Juvenile Adjudicated for Certain Sex Crimes
- 13.10 Dispositional Order
- 13.11 Modification of Dispositional Order
- Appendix 13-1: Authorization to Prepare Pre-Disposition Report
- Appendix 13-2: Quick Reference Guide for Dispositional Hearing
- Appendix 13-3: Juvenile Disposition Options
- 14 Probation
- 15 Commitment to the Division of Adult Correction and Juvenile Justice
- 15.0 Contents
- 15.1 Overview
- 15.2 Terminology Used in this Chapter
- 15.3 Juveniles Subject to Commitment
- 15.4 Holdover Facility Pending Placement
- 15.5 Role of Attorney Following Commitment
- 15.6 Term of Commitment
- 15.7 Placement by Division
- 15.8 Post-Release Supervision
- 15.9 Revocation of Post-Release Supervision
- 15.10 Transfer Authority of Governor from Jail or Prison to Division
- Appendix 15-1: Youth Development Centers in North Carolina
- 16 Appeals
- 17 Expunction of Juvenile Records
- 18 Performance Guidelines
- 19 Raise the Age Legislation
- Appendix A: Juvenile Justice and Medicaid
- Practice Guides
- Other Manuals
- Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina
- Chapter 3, Child Support in North Carolina Trial Judges' Bench Book, District Court, Volume 1, Family Law (2024 ed.)
- Relief from a Criminal Conviction
- Collateral Consequences Assessment Tool (C-CAT)
- COVID-19 Tool Kit
- NC Superior Court Judges' Benchbook
- NC Pro - Digital Knowledge Base on Criminal Law and Procedure for North Carolina Prosecutors
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