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After adjudicating the juvenile defendant delinquent for simple misdemeanor possession of marijuana, the trial court entered a disposition order which did not include findings demonstrating that it considered the factors set out in G.S. § 7B-2501(c). The plain language of § 7B-2501(c) compels us to find that a trial court must consider each of the ...

50TH ANNIVERSARY OF ROE V. WADE: On Jan. 22, House Democratic Leader Hakeem Jeffries released the following statement on the 50th anniversary of Roe v. Wade: “For 49 years, Roe v. Wade was the law of the land and ensured that women in our country had the freedom to control their bodies and make

The defendant-juvenile admitted to pointing a shotgun at his mother, and the trial court entered a disposition order placing the juvenile in DSS custody. As all parties agree, the trial court failed to make the findings of fact required by G.S. §§ 7B-2501(c), -2506(1)(c) and -2512. We vacate the disposition order and remand for findings. ...

If defendant had been sentenced under the First Step Act – passed shortly after defendant was sentenced but expressly not retroactively applicable – his 168-month sentence would have been less than half the sentence he received pursuant to his plea agreement (384 months for two counts of brandishing a firearm during and in relation to ...

Defendant alleges that the government made misrepresentations about the DNA tests that contributed to his conviction. However, he filed his motion for relief under Fed. R. Civ. P. 60(b)(3) well outside the rule’s one-year limit. On this matter of first impression, we agree with our sister circuits that Rule 60(b)(3)’s time limit is a mandatory ...