Happy Friday Readers!! It feels like January is taking forever to move on into February but hey! We’ll take it. This week was pretty quiet so let’s recap some of what happened.
Tip of The Week
Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression. The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory hearing or orally during the hearing. Consider whether or not your client’s statement or identifications may be subject to suppression. Remember – “in custody” is an objective test! The test is whether a “reasonable juvenile” in the position of the respondent would believe him/herself to be in custody OR that s/he had been deprived of freedom of action in some significant way, and is not based on the subjective intent of the interrogator or the perception of the person under questioning. That means if your client is in the principal’s office and the SRO is standing in front of the door, would your client feel free to leave?
NC IDS Re-Appointments
During the IDS Commission’s quarterly meeting on January 22, 2021, IDS voted to re-appoint Rob Sharpe as the Capital Defender for the Office of the Capital Defender and our very own Eric Zogry as the Juvenile Defender. To read more about these great public servants and their roles, click here.
Big thanks to Jason Mahoney for presenting yesterday during our first CLE of the year. This training covered best practices for our Defenders to protect themselves and their mental health when being exposed to multiple traumatic stories or actions a day. The training also covered ways to ensure Defenders are taking care of themselves as well, discussing ways to add in some self-care in their day. Definitely worth re-watching and you’ll be able to do that soon on our Defender Only Page.
From A Lawyer’s View
Have you read our latest entry on From A Lawyer’s View? If not, click here to catch up!
February 5, 2021, NC CRED is hosting a free virtual symposium beginning at 1 PM. Please click here to register. Here is a brief synopsis of the program:
“First, a panel of historians (Timothy Lovelace, Seth Kotch, and David Cecelski) will describe the historical origins of these modern forms of brutality. Second, a panel of activists and advocates (Dawn Blagrove, Will Elmore, and Henderson Hill) will discuss the ways racial violence is wielded today and the importance of exposing its historical roots. Finally, keynote speaker James Ferguson will offer closing thoughts on how we reckon with racial terror, in all its forms, to end its grip on our nation.”
IDS will continue to offer the webinars as part of a more formal series, which will help make it easier for you to attend, while getting CLE credit! This new series will start on Feb. 4.
If you’d like to attend some or all of the programs, please sign up using this link. We look forward to seeing you on the webinars!
NC CRED is now on social media! Follow them
HAVE A GREAT WARM WEEKEND!