Defendermanuals.sog.unc.edu
Defender Manuals School of Government, The University of …
WebKnapp-Sanders Building Campus Box 3330 UNC-Chapel Hill, Chapel Hill, NC 27599-3330
Actived: 6 days ago
Involuntary Commitment of Adults and Minors for Mental …
WebA showing of behavior that is grossly irrational, of actions that the individual is unable to control, of behavior that is grossly inappropriate to the situation, or of other evidence of severely impaired insight and judgment shall create a prima facie inference that the individual is unable to care for himself; or. 2.
Advising Clients on Collateral Matters and Consequences of …
Web12.2 Terminology Used in this Chapter. “Client” is “an individual who is admitted to and receiving service from, or who in the past had been admitted to and received services from, a facility.”. N.C. GEN. STAT. § 122C-3(6) (hereinafter G.S.). 12-1. “Client advocate” is “a person whose role is to monitor the protection of client
2.9 Admissibility at Trial of Results of Capacity Evaluation
WebIn State v. Williams, 350 N.C. 1, 21–23 (1999), the defendant decided not to put on any expert mental health testimony during either the guilt-innocence or sentencing phase of a capital trial; and, the trial court granted the defendant’s request to preclude the prosecution from using evidence of the capacity evaluation of the defendant.
Chapter 1 Overview of Manual
WebNorth Carolina statutes provide for representation by Special Counsel or an appointed attorney for all indigent and minor respondents, as well as non-indigent adults without counsel, on admission to a 24-hour facility. See G.S. 122C-270(a), (d), (e), 122C-224.1, 122C-268(d); see also infra §§ 2.1A and B, 2.5A, 3.4A.
4.5 Brady Material
WebA. Duty to Disclose. Constitutional requirements. The prosecution has a constitutional duty under the Due Process Clause to disclose evidence if it is: favorable to the defense and. material to the outcome of either the guilt-innocence or sentencing phase of a trial. Brady v. Maryland, 373 U.S. 83 (1963).
2.1 Standard for Capacity to Proceed to Trial
WebG.S. 15A-1001(a) sets forth the general standard of capacity to proceed. Under that statute, a defendant lacks capacity to proceed if, by reason of mental illness or defect, he or she is unable to: assist in his or her defense in a rational or reasonable manner. Mental illness or defect. The above test has two parts.
29.1 Securing the Attendance of Witnesses by Subpoena and …
WebA. Constitutional Basis of Right to Compulsory Process. The Sixth Amendment to the U.S. Constitution guarantees that “[i]n all criminal prosecutions the accused shall enjoy the right . . . to have compulsory process for obtaining witnesses in his favor . . . .”. This federal constitutional right is applicable to the states through the Due
Chapter 3 Involuntary Commitment of Adults and Minors for …
Web3.2 Terminology Used in this Chapter. “Area authority” is the area mental health, developmental disabilities, and substance abuse authority. N.C. GEN. STAT. § 122C-3(1) (hereinafter G.S.). The area authority is a statutory creation that is the “locus of coordination among public services for clients of its catchment area.”.
Chapter 5 Voluntary Admission of Incompetent
WebThe North Carolina General Statutes provide for the voluntary admission of an adjudicated incompetent adult to facilities for the mentally ill and substance abusers. Procedures for the voluntary admission of competent adults generally apply. See supra Chapter 4 and infra Chapter 10. The exception is that the acts required of the competent adult
29.2 Securing the Production of Documents or Physical …
WebA. Statutory Authorization. The production of records, books, papers, documents, or tangible things in a criminal proceeding may be obtained by a subpoena properly issued and served as provided in Rule 45 of the N.C. Rules of Civil Procedure, which is applicable to criminal proceedings in most respects.
Appendix D Involuntary Commitment and the Federal Gun …
WebA determination by a court, board, commission, or other lawful authority, that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: Is a danger to himself or others; or. Lacks the mental capacity to manage his own affairs. The term shall include –. A finding of insanity by a court in
Chapter 6 Voluntary Admission of Minors
Web6.1 Overview. The legally responsible person may voluntarily admit a minor to a 24-hour facility by written application. Judicial review and concurrence is required to ensure that the admission is appropriate, as the minor does not have capacity to consent to the admission. Procedures for the voluntary admission of a competent adult generally
23.3 Preparing the Plea Agreement
WebIncapacity means the client, for reason of mental illness or defect, is unable to: understand the nature of the proceedings against him or her; comprehend his or her own situation in reference to the proceedings; or. rationally assist in his or her defense. See G.S. 15A-1001(a); see also State v.
12.3 Firearm Ownership and Possession
WebThe federal statute provides: “It shall be unlawful for any person— . . . . (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; . . . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or
Chapter 11 Admission for Mental Health Treatment Pursuant …
WebChapter 122C of the North Carolina General Statutes provides a statutory form for advance instruction for mental health treatment. See G.S. 122C-77. The statute states that an otherwise valid advance instruction executed prior to January 1, 1999, is not to be construed as invalid. G.S. 122C-77(a).
5.5 Obtaining an Expert Ex Parte in Noncapital Cases
WebCT. 25(2) (for capital motions for appropriate relief (MARs), rule requires that expert funding requests made before filing of MAR and after denial of funding by IDS [discussed supra in § 5.3, Applying for Funding] be ruled on by senior resident judge or designee). Thus, any superior court judge assigned to hold court in the district
Resentencing after Successful Appellate or Post-Conviction …
WebG.S. 15A-1335 provides a broad rule that whenever a conviction or sentence imposed after a trial in superior court judgment has been set aside on direct review or collateral attack, the resentencing judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the
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