ALR Student’s Corner: The North Carolina Defender Manual – Pretrial and Trial

The North Carolina Defender Manual is part of a collection called the North Carolina Indigent Defense Manual Series.  The series serves to provide comprehensive, up-to-date reference materials to attorneys who defend indigent clients.  The Defender Manual has two volumes: volume one addresses the intricacies of pretrial criminal procedure, while volume two provides materials for the trial level.  Each volume includes a complete table of contents at the beginning of the manual, as well as, a more in-depth table of contents at the beginning of each chapter.  The Defender Manual is funded by and made available for free online through the North Carolina Office of Indigent Defense Services.

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Volume one was authored by John Rubin, also the series editor, and Alyson A. Grine.  John Rubin has been with the University of North Carolina at Chapel Hill’s School of Government since 1991.  He specializes in criminal law and procedure and indigent defense education.  Alyson A. Grine has been with the School of Government since 2006 where she serves as defender educator.  Volume two was authored by John Rubin and Julie Ramseur Lewis.  Ms. Lewis has served as an assistant public defender in Charlotte since 1993.

The first volume has 15 chapters that include the following issues related to pretrial criminal procedure: pretrial release, probable cause hearings, discovery, grand jury proceedings, jurisdiction, venue, suppression motions, and stops and warrantless searches.  Case law authority includes decisions through June 30, 2013 and statutory authority, through the end of the 2013 session of the North Carolina General Assembly.  Volume two, current through February 2012, includes the following issues related to criminal procedure at the trial stage: personal rights of the defendant, guilty pleas, jury selection, opening statements, closing arguments, and appeals, post-conviction litigation, and writs.

The manual cites to all relevant case law and statutes.  It lays out the elements of rules in easy-to-read bullet form and then provides an in-depth explanation of the rule.  Throughout the volumes, you will find helpful charts, forms, and other materials. Volume two includes Performance Guidelines for Indigent Representation in Non-Capital Criminal Cases at the Trial Level which acts as a training tool to help practicing attorneys provide quality representation to indigent defendants.  Additionally, the manual includes practice notes that provide instruction for problems that may arise during representation. For example, consider the following practice note below:

Volume two includes about twice as many practice notes as volume one.  But, unlike volume two, volume one includes legislative notes that detail any changes made to the statutes during the 2013 session.

Because this practice guide is available for free online through the Office of Indigent Defense Services’ website, it has the advantage of providing external links to helpful forms and websites, as exemplified below.

Although it places a special emphasis on indigent clients, the North Carolina Defender Manual is a great resource for any attorney practicing criminal defense.  It reads much like one of the many study aids that law students come to know very well.  It is a one-stop-shop for the key legal principles and practice pointers at every stage of litigation. The manual also provides checklists, fillable practice forms, sample questions, and many other helpful practice materials.  It is a great reference guide for anyone who is interested in criminal law.

~ Lindsey Cox, L’14 ~

 Class Advisor – Cory M. Lenz, Esq.

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Westlaw Webinars: Transition from Westlaw® Classic to WestlawNext®

Make the transition from Westlaw Classic to WestlawNext smoother in August with two upcoming webinars: “From Westlaw Classic to Next” webinars, Basic and Advanced.

Basic webinar:

  • Where to find your favorite aspects of Westlaw Classic on WestlawNext
  • Information on Finds and Searching
  • Boolean Searches
  • KeyCite®
  • Key Numbers

Advanced webinar:

  • Alerts on WestlawNext
  • Custom Pages (similar to tabs on Westlaw Classic)
  • Folders
  • Practical Law

Both webinars will review how to save the Research Trails you use the most on Westlaw Classic so you have them available for WestlawNext.

Upcoming Webinar Dates

  • Basic
    August 4th — 2pm Eastern, 1pm Central, Noon MT, 11am PT — Register Today

    Advanced
    August 7th — Noon Eastern, 11am CT, 10am MT, 9am PT — Register Today

    Basic
    August 13th — 1pm Eastern, Noon Central, 11am MT, 10am PT — Register Today

    Advanced
    August 15th — 1pm ET, Noon CT, 11am MT, 10am PT — Register Today

    Each of these classes will be held weekly through August; therefore, if the above times do not fit into your schedule, check the webinar page for more dates and times.

Online Trainings Available

Not able to attend? The topics covered in these webinars, as well as additional topics, are available through Westlaw in short, online trainings.

Visit the From Classic To WestlawNext training page for access and for more information.

Contact the reference desk if you have any questions or need any assistance!

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Links We Love Weekly Round-Up — August 4, 2014

weeklyroundup

 Legal Blog Post Writing Contest

You love the law, but your friends think it’s boring. Show them that legal topics can be interesting, and even entertaining, while still providing substantive legal insights by entering The Expert Institute’s Legal Blog Writing Contest. To participate, submit a 1,000 to 2,500 word blog-style article on the use of expert witnesses in litigation through our online submission portal at the bottom of this page by December 31, 2014. If your article wins, you will receive a $500 cash prize, and your article will be published on The Expert Institute’s blog and distributed in our weekly newsletter, where it will be read by thousands of practicing attorneys.

101 Free Things to Do in Charlotte This Week

This week has some especially fun free events. All in all there are 101 free events, with more being added…

Hot vs. Cold: A Temperature-Based Approach to Conflict Resolution

Work conflicts are inevitable regardless of the size of the team. At your office, perhaps the marketers and developers can’t agree on a launch date. Or as a freelancer, perhaps an irate client is strong-arming you into another round of design revisions. But before we try to deal with a conflict, Mark Gerzon, the author of Leading Through Conflict: How Successful Leaders Transform Differences Into Opportunities, asks us to stop and consider the following question:  Is the conflict hot or cold?

Beyond Biglaw: 4 Tips for Writing Good Emails

Whether you practice in Biglaw or a boutique, knowing how to email is a critical skill. In fact, the quality of a lawyer’s emails are among the best indicators of their future career prospects, excepting those fortunate to be born with a guaranteed multimillion-dollar book of business through family connections. That should not be a surprise, considering how email is the single most used form of communication for lawyers.

Want Blog Posts Shared on Social? Design for Mobile Users

If you are looking to have your blog posts shared on social media, you best provide mobile viewers an exceptional user experience.  A new Forrester survey of 37,000 consumers found that mobile users are more likely to share a branded post than desktop users. While 28% of desktop users share branded posts that rises to 40% of tablet users and 36% of smartphone users.  In addition, almost half (49%) of tablet and 46% of smartphone users engage with corporate content via likes, shares or comments, compared with just 37% of desktop social users.

Robots Are People, Too

If courts are going to treat corporations like humans, they should do the same for robots.

New or Forthcoming Books on the Supreme Court & Other Related Materials

There has never been a shortage of books on the Supreme Court, and that tradition continues as evidenced by fifteen new or forthcoming works.  The new books cover a range of topics, from a critique of the current Court to an examination of the Court’s monetary decisions to books on how the traditional and electronic media cover the Court’s work.

The Networked Catalog

At NYPL Labs, we are fascinated with our catalog and the possibilities its data represents. Just as the catalog has changed in the past we wonder what other possible forms it could take today, and in the future. With this driving thought we conducted a preliminary experiment: what if the catalog had a “See All” button? What if you could see everything at once, to get the big picture about what subjects the library has information on and what are the related topics?

All-Nighters Could Alter Your Memories

People who don’t get enough sleep could be increasing their risk of developing false memories, a new study finds.  In the study, when researchers compared the memory of people who’d had a good night’s sleep with the memory of those who hadn’t slept at all, they found that, under certain conditions, sleep-deprived individuals mix fact with imagination, embellish events and even “remember” things that never actually happened.

Federal Court Rules could Open Door to Same-Sex Marriage in the Carolinas

The state of North Carolina will stop defending its same-sex marriage ban after a federal court ruled Virginia’s ban unconstitutional and cracked the door to gay marriage in the Carolinas.

12 Movies with Pivotal Lessons Featuring Lawyers

Movies transport us. They take us to different times and places, bringing laughter in one moment and tears in the next. But no matter how outlandish the plot, at their core movies examine the human condition. We tell stories about ourselves to ourselves, even if the characters are ostensibly aliens or animals or fuzzy monsters. They are based on realities we can learn from.  So while no real-life courtroom may be run like a movie courtroom, there are plenty of deeper truths woven into screenplays and plenty of lessons to be learned—even when we’re looking for entertainment, not an education.

Librarians, Media React to Launch of Kindle Unlimited

In a long-expected move, Amazon on July 18 announced the launch of Kindle Unlimited, a new subscription service that will give users unlimited access to a selection of 600,000 ebooks and more than 2,000 audiobooks on Amazon Kindle devices and any device with a Kindle app for $9.99 per month. Amazon is not first to market with an “all you can read” commercial ebook subscription platform—it follows last year’s launch of Scribd and Oyster. But the online retailer’s financial resources, marketing clout, and massive base of Kindle users will doubtless raise consumer awareness of ebook subscription services while altering the competitive landscape for all providers of ebooks, including libraries.

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The Point System Is Launching in August!

Points (sweet) (2)

And, like we say, for more information on the Points System, head on over to our OrgSync site:

https://orgsync.com/80746/files/583898/show 

or ask the library staff.

 

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August Happenings

Before heading back to school, take advantage of the last few weeks of summer!

Music: Miley Cyrus, Booker T Jones, Reevestock, Hillsong Worship, The Bacon Brothers, The Legendary Briarhoppers 80th Anniversary, James Taylor, Gavin Degraw, Matt Nathanson, NIN, Soundgarden, Keyshia Cole, David Gray, Linkin Park, 30 Seconds to Mars, Panic! at the Disco, One Republic, The Script, Scotty McCreery, Motley Crue with Alice Cooper, 3 Doors Down, Old Crow Medicine Show, Keith Urban, Needtobreathe, Blake Shelton, The Band Perry, Rodrigo y Gabriela, Rich Robinson, Drake vs. Lil Wayne, Passenger, G.Love and Special Sauce, K Michelle, The Chris Robinson Brotherhood

Enjoy the last month of Alive after Five at the Epicentre.

Performing Arts: Things you shouldn’t say past midnight, Slam Charlotte Poetry Slam, Dream a Little Dream, The Spice of Life, Narrow Daylight

Films: From Swastika to Jim CrowThe Golden Dream, Modernism+Film: Sagrada the Mystery of Creation, Charlotte 48 Hour Film Project

Sports: Charlotte Panthers pre-season games, Charlotte HoundsCharlotte Roller Girls

Charlotte Knights‘ Bark at the Ballpark invites fans to bring their four-legged friends to the game!

Festivals: Charlotte Pride Parade with headliner Leann Rimes, 9th Annual Shakespeare FestivalBon Odoro Festival, Hummingbird Festival, Queen City Bike Fest,  Matthews Alive,  Build your own Boat FestivalTriple C Summer Folk Festival

Chews&Booze: Taste of the Mint, Science on the Rocks,  Food Tours, Teas of the British Isles, Bar Cocoa Cooking Class: Baby cakes, Scotch Society Meeting

By the by, tickets for October’s Taste of the World go on sale August 1.

For the kids: Back to School event with free backpacks, haircuts and immunizations, SouthPark’s Movies under the Stars, The Fresh Beat Band, Uh-oh!, Alien Worlds and Androids, Dick’s Sporting Goods Invitational,  Back to School Monster Truck Bash, 12 Angry Jurors, Sweeney Todd: School Edition , Shark Week at Discovery Place, Read with Baron the Dog, Penguins 3D, Geometrics and Pizza, Miss May’s Garden Tea

For laughs: Anjelah Johnson, Charlie Murphy, Dave Attell,  Oddball Comedy and Curiosity Festival with Louis CK, Aziz Ansari and Marc Maron, Caroline Rhea

Races: Charlotte Running Company Cross Country Run, 5k and fun dog walk, Sundae Run, Labor Day Trail Race, Yiasou Greek Festival 5k

Other fun happenings: Southern Ideal Home ShowThe Great Gatsby Gala, Repticon Charlotte Reptile and Exotic Animal Show, Sing for the Cure,  Bearden Birthday BashHairWalk:the Movement,  Stuff the Bus, Carolina Guitar Show, Labor Day celebration, Strand of Pearls Luncheon, Teal Tea Party

~Jamie Sunnycalb~

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ALR Student’s Corner: North Carolina Estate Settlement Practice Guide

In general, practice guides are secondary sources that aid and guide lawyers through the understanding of a particular area of the law.  In addition to explaining an area of law, practice guides often times provide useful forms and tips, as well.

ncestatesettlementpractice

North Carolina Estate Settlement Practice Guide covers the topic of estate settlement in North Carolina.  The practice guide begins with a checklist that chronologically goes over the steps for settling an estate, and then, over the course of 36 chapters, examines each step, starting with becoming a personal representative and ending with tort actions involving wills and related documents.

Additionally, the practice guide provides useful tips and forms.  For instance, in Chapter 2, there are numerous forms to aid a lawyer in becoming the personal representative of an estate.  These forms and letters, such as the Application for Probate and Letters, will be very helpful to a new lawyer who may not know how to locate such information.

Part of the Charlotte School of Law Library catalog and available for purchase for $259, North Carolina Estate Settlement Practice Guide is also accessible via WestlawNext.  Simply search for the title in the universal search box or drill down within the database in accordance with the following navigational sequence: “Secondary Sources” > “North Carolina” > “North Carolina Texts & Treatises” > “North Carolina Estate Settlement Practice Guide.”  The practice guide is currently in its second edition and was last updated on WestlawNext in March 2014.

To demonstrate how easy and helpful this practice guide is, let’s conduct a hypothetical search.  Let’s say that you are a new attorney and you wish to determine how the laws and courts of North Carolina treat illegitimate children. After considering several different search terms, you decide to take “illegitimate children” into the index of the practice guide.  The index then directs you to § 20-20 where you find a general overview of the topic and references to relevant statutory and case law authority.

North Carolina Estate Settlement Practice Guide offers concise overviews of the relevant law and provides helpful practice tips for lawyers who practice in (or wish to learn) estate law in North Carolina.

~ Marci Gattis, L’ 14 ~

 Class Advisor – Cory M. Lenz, Esq.

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Self-Care as a Law Student: What do you do to take care of yourself?

As a law student, you are expected to attend classes, write scholarly papers, and perform at a superior level on assessments.  Additionally, you may be working while going to law school which involves meetings and time commitments.  You also may have a significant other, children, or family that requires time and support.  Lastly, you require the most basic needs of food, water, and shelter.  But your body and mind need more than the basic needs to function at a healthy level.

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What is Self-Care?

So, you may ask what is self-care and how will it benefit me.  Well, self-care involves behaviors and attitudes that assist in preserving an individual’s well-being and personal health.   Self-care is also a significant feature in managing stress.

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Importance of Self-Care

Self-care can benefit your physical and emotional health.  Physically, the relaxation that comes with doing self-care allows your body to trigger the relaxation response.  This relaxation response is vital to our health.  Without relaxation, our body would function in fight-or-flight mode where the body is constantly in a state of physiological arousal.  This relaxation response within our body allows our blood pressure, heart rate, and digestive functioning to return to its normal rate.

Emotionally, taking time to focus on your needs and wellbeing will make you feel great about your life and your body while expressing to others that you value yourself.  Additionally, as a caretaker, you may neglect your personal needs to take care of others, but this can lead to unhappiness, low self-esteem, and feelings of bitterness.  Engaging in self-care can transform you into a better caretaker for others.

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Effective Self-Care Strategies:

  1. Eat healthy foods
  2. Get between 6-8 hours of sleep per night
  3. Engage in regular physical activity
  4. Maintain social support and catch up with a friend
  5. Find a new hobby
  6. Reframe life circumstances in more positive, yet realistic ways
  7. Learn to say no
  8. Meditate
  9. Go offline
  10. Take an afternoon nap
  11. Journal
  12. Do yoga
  13. Listen to music
  14. Take a walk outside
  15. Have a pampering massage

For more self-care strategies, click here!

Additionally, check out our Health & Wellness LibGuide which includes print and electronic resources for you!

~Brooke Rideout~

References

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