It summarizes and analyzes relevant provisions of North Carolina's guardianship law Chapter 35A of the North Carolina General Statutes ; discusses the legal consequences of guardianship and the relationship between adult guardianship and other laws regarding mental incapacity; jurisdiction, procedure, and evidentiary issues in adult guardianship proceedings; the legal standards for determining incapacity in adult guardianship proceedings; clinical assessment of cognitive and functional incapacity in adult guardianship proceedings; appointment of guardians for incapacitated adults; mediation of adult guardianship cases; appeals in adult guardianship proceedings; and modification and termination of adult guardianship.
This is the first edition of the manual. It is available for purchase as a soft-bound book here. John L. He joined the faculty in , and his areas of interest included social services law, child support, elder law, and family policy. Woody , N. Hughes , N. But see State v. Campbell , N. Wooten , 18 N. Capps , N. By contrast, pleadings that charge various other offenses involving personal property or theft e. Seelig , N. Thompson , N. Jones , N. Burroughs , N. Spivey , N. In addition to alleging ownership in the pleading, the state must also show that the person named in the larceny indictment actually owned or possessed the goods, or at least had a bailment or other special property interest in them.
For example, mere ownership of a building from which property was stolen does not create a sufficient property interest in the property stolen from within the building. State v. The North Carolina Indigent Defense Manual Series is a collection of reference manuals addressing law and practice in areas in which indigent defendants and respondents are entitled to representation of counsel at state expense.
The series was created to address the need for comprehensive reference materials for public defenders and appointed counsel, who devote their time, skill, and effort to representing poor people. In addition to assisting indigent defenders with their responsibilities, the manuals may be useful to others who work in the court system and need a reference source on the law.
The editor of the series is John Rubin, a member of the School of Government faculty who specializes in indigent defense education. Production of the series is made possible by funding from the North Carolina Office of Indigent Defense Services, which is responsible for overseeing and enhancing the provision of indigent defense representation in North Carolina.
Skip to main content. Toggle navigation. As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12, public officials each year.
The School provides content and resources for a wide array of local government and judicial officials in North Carolina. Due Process. Lavoie , U. Monroeville , U. A motion to disqualify a judge must be: i in writing; ii accompanied by a factual affidavit; and iii filed no less than five days before trial, unless the grounds for disqualification are not discovered until after that time or other good cause exists.
See G. Moffitt , N. See State v. Kennedy , N. Honaker , N. Such a showing must consist of substantial evidence that there exists such a personal bias, prejudice or interest on the part of the judge that the judge would be unable to rule impartially. Fie , N. See N. Gillespie , N.
Davis , N. White , N. Monserrate , N. Vick , N.
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