Nccriminallaw.sog.unc.edu

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 …

Actived: 9 days ago

URL: https://nccriminallaw.sog.unc.edu/sentencing-health-control-measures/

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 Feb. 17, 2009) (unpublished) (affirming conviction for assault and battery where hepatitis C-positive defendant cut his own hand, …

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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 as …

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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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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 veterinarians, …

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Obtaining Medical Records under G.S. 8-53

WebThe mere fact that G.S. 8-53 allows a court order to trump the physician-patient privilege says nothing about whether such orders may be obtained ex parte. Nor …

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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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New Projects in Policing & Responding: Evaluating the Impact of

WebIn partnership with the North Carolina Association of Chiefs of Police and local stakeholders, the UNC School of Government Criminal Justice Innovation Lab (the …

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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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Releasing Jail Inmates to Limit Medical Expenses

WebThe county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b).It’s not always clear what constitutes an emergency, …

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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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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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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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New Rules for Safekeepers – North Carolina Criminal Law

WebA new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State …

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Defendant’s Right to Third Party Confidential Records

WebDefendant’s Right to Third Party Confidential Records. Suppose Defendant is charged with sex offense against a child. He knows that DSS previously investigated …

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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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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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Fourth Circuit Issues a Major Opinion on the Use of Tasers

WebOn January 11, 2016, the Fourth Circuit decided Armstrong v. Village of Pinehurst, a major case concerning the use of tasers by law enforcement officers. The opinion is here. This …

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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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