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Hearsay Exceptions: Then Existing Mental, Emotional, or Physical …

WEBN.C. Rule 803 (3) provides a hearsay exception for statements “of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such …

Actived: 6 days ago

URL: https://nccriminallaw.sog.unc.edu/hearsay-exceptions-then-existing-mental-emotional-or-physical-condition/

Rules for Breath Tests in DWI Cases – North Carolina Criminal Law

WEBG.S. 20-139.1 (a). A chemical analysis is a test of a person’s breath, blood or other bodily fluid or substance to determine the person’s alcohol concentration or …

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Sentencing Health Control Measures – North Carolina Criminal Law

WEBViolations of certain health control measures are punished as provided in G.S. 130A-25 (b). The rule applies to violations of G.S. 130A-144 (f), which covers compliance with control …

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Xylazine: What Legal and Public Health Professionals Need to Know

WEBXylazine is currently not an illegal controlled substance under North Carolina or federal law. The FDA regulations limit distribution of the drug to licensed …

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Changes Coming to Delinquency Procedure: Transfer and Mental …

WEBSession Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part series of blogs detailing …

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Legislative Changes to Required Mental Health Assessments …

WEBLaw Governing Court’s Duty to Refer for Mental Health Evaluation: Petition filed before 12/1/21: Petition filed on or after 12/1/21: G.S. 7B-2502(c) *will be deleted …

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Medical Fees for Jail Inmates – North Carolina Criminal Law

WEBThe fee must be established as part of the jail medical plan required under G.S. 153A-225—developed in consultation with appropriate local officials, approved by …

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Insanity, Clinical Standards, and Expert Testimony

WEBFitzgerald, 2016 WL 299282 (Ohio Ct. App. 8th Dist. Jan. 21, 2016) (“ [T]he law in the Eighth District is that expert testimony is required before the issue of insanity …

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Medical Providers' Duty to Report Injuries to Law Enforcement

WEBTherefore, North Carolina has a statute (G.S. 90-21.20) that requires health care providers to notify local law enforcement officials when they treat patients with …

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New Project Supporting & Evaluating Implementation of Holistic …

WEBIn a new project launched in January 2024, the UNC School of Government Criminal Justice Innovation Lab (the Lab) is partnering with the North Carolina Office of …

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Changes to the Gun Permit Laws

WEB§ 14-415.15. Issuance or denial of permit. (a) Except as permitted under subsection (b) of this section, within 45 days after receipt of the items listed in G.S. 14 …

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Knowingly Exposing Others to Communicable Diseases

WEBCommonwealth, 2009 WL 362126 (Va. Ct. App. Feb. 17, 2009) (unpublished) (affirming conviction for assault and battery where hepatitis C-positive defendant cut his own hand, …

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New Projects in Policing & Responding: Evaluating the Impact of

WEBKnapp-Sanders Building Campus Box 3330, UNC Chapel Hill Chapel Hill, NC 27599-3330 T: (919) 966-5381 | F: (919) 962-0654

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Obtaining Medical Records in DWI Cases – North Carolina …

WEBG.S. 90-21.20B also sets forth rules governing the disclosure of identifiable health information (essentially, medical records). It requires a health care provider to disclose …

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North Carolina Governor’s 2024 Executive Order on Reentry

WEBReducing the number of incarcerated individuals who are homeless upon release by 50%. Providing reentry assistance to previously incarcerated people in every …

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Addressing Substance Use Disorders Through Delinquency …

WEBKnapp-Sanders Building Campus Box 3330, UNC Chapel Hill Chapel Hill, NC 27599-3330 T: (919) 966-5381 | F: (919) 962-0654

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Capacity, Commitment, and COVID-19 – North Carolina Criminal Law

WEBFirst, a brief review of the process and the law on a defendant’s right to be present. The capacity-commitment process in North Carolina often begins with an …

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New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil

WEBThe New Fine Amounts. The numbers listed above will soon change in a significant way for certain drugs. Under the revised G.S. 90-95 (h), if the trafficking …

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A Refresher on North Carolina's Needle Exchange Law and Other …

WEBKnapp-Sanders Building Campus Box 3330, UNC Chapel Hill Chapel Hill, NC 27599-3330 T: (919) 966-5381 | F: (919) 962-0654

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