By Jason Lunsford

Imagine you have a new client who comes to your office seeking help following an auto accident that involved a family member. During the initial consultation, they inform you that the police have everything on tape. As the attorney for this new client, you want to review the entire police file as part of your case investigation. The issue then becomes getting access to the recordings held by the local police department. This blog post outlines the steps an attorney must take to obtain recordings held by a police department in the State of North Carolina.

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By Aaliyah LeCompte

This past summer, I had the opportunity to work with the judges of District 18 in a program led by Judge Scarlett and Judge Pendergrass called “Justice is Blind.” Over the course of the program, I observed many district court proceedings, spent time breaking down statutes, conducted legal research on upcoming and current cases, practiced oral advocacy and engaged in thoughtful discussions about injustice in the legal system.

Before starting the clerkship, I was assigned books, podcasts, and even a movie about different historical injustices. These materials helped to frame the issues for me. They also served as a foundation for challenging lunchtime conversations and for open-minded observation of court proceedings throughout the summer. I learned that, while each judge has a unique way of presiding over a courtroom and doing the hard work of understanding the nuances of the law, each judge must also grapple with the nuances of systemic issues. Throughout the internship, my fellow clerk and I practiced oral advocacy by arguing hypothetical cases. We would work on the structure before each practice and receive feedback afterward. At the end of the internship, we each chose an old DWI case to give a closing argument to one of the judges. At this point, we were well versed in the evidentiary requirements needed to meet the standards set forth in N.C.G.S. § 20-138.1. The challenging part was arguing before the judge, as well as other observers, which included several other judges, attorneys and others. After I finished and could breathe again, I received better feedback than I had expected. I felt proud to do something I had not even imagined would be possible just a few months before.

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By Kayla Britt

Television dramas rarely get the law exactly right, but sometimes they spark conversations that resonate with those of us in practice. The series Yellowstone explores struggles over landownership, government power, and private rights in a way that reaches beyond Montana. While the show takes liberties, its themes echo real issues in North Carolina condemnation law.

In Yellowstone, the Dutton family resists outside efforts to take or control their ranch. Condemnation, or eminent domain, is portrayed as a weapon of powerful interests. The narrative is heightened for television, but the underlying legal principle is familiar. The government may acquire private property for public use if just compensation is provided.

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By Kayla Britt

The North Carolina Bar Association’s Government and Public Sector Section is proud to present the North Carolina Department of Justice (NCDOJ) On-Demand Panel Series, a valuable resource for law students and lawyers interested in public sector legal practice. This series offers insights into the various sections and divisions within the NCDOJ, including Appellate and Post Conviction, Tort Claims, Public Assistance, Labor, Environmental, and Consumer Protection.

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By Shane Murphy

Working as an intern at the North Carolina Innocence Inquiry Commission, I’ve had the unique opportunity to contribute to the critical work of investigating post-conviction claims of innocence. This experience has been both challenging and rewarding, offering insights into the complexities of the criminal justice system and the meticulous process of seeking truth and justice. This is the type of role that I believe is only possible in a public-sector position, where an agency like the Commission can operate on their charge without financial motives.

One of main responsibilities I had during my internship was assisting in the evaluation of innocence claims. This process is far more intricate and demanding than I initially imagined. Each claim requires a thorough, objective analysis that often involves sifting through mountains of documentation. When a new claim comes in, we would start by reviewing the initial application. This document provides an overview of the case and the basis for the innocence claim. From there, we dive into the case files, which include trial transcripts, police reports, forensic analyses, and any post-conviction filings.

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