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Homeless

U.S. Supreme Court Effectively Rules That Prosecuting People for Being Homeless Is Illegal

By Hauter Law Firm, PC |

In December, the U.S. Supreme Court refused to hear one city’s appeal of a lower court’s ruling that arresting and prosecuting the homeless was a violation of their constitutional rights, effectively keeping in place that ruling and placing all states and cities on notice that this practice violates the Eighth Amendment’s prohibition on cruel… Read More »

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Arrest_Bars

North Carolina Law Effective Immediately Mandates That Sexual Assault Kits Long Held in Storage Be Tested in Order to “Put Rapists in Prison”

By Hauter Law Firm, PC |

A new law – which has recently been announced as going into effect immediately here in North Carolina – mandates that the state funds be put towards testing existing sexual assault kits that have been sitting in law-enforcement evidence storage in order to place more rapists in prison and get rid of – as… Read More »

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Immig9

Administration Faces Three Legal Defeats Against Strict Immigration Policies

By Hauter Law Firm, PC |

A number of important federal immigration decisions were decided in September which completely changes a number of important immigration legal issues, as we discuss below: Eliminating Hearings Before Judges Prior to Deportation In late September, a federal judge blocked the Trump administration from extending the authority of officers to deport people without first allowing… Read More »

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GunCharges

Defendant Receives 10-Year Sentence for Shooting Lawful Resident After Entering What She Thought Was Her Apartment: How The Castle Doctrine Works

By Hauter Law Firm, PC |

One particular criminal trial in October captured news headlines because it involved a police officer accidentally entering into what she thought was her own apartment and fatally shooting the man who resided there, who she mistakenly thought was an intruder. The defendant put forth what’s known as the castle doctrine; a version of what… Read More »

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Pillars

The U.S. Supreme Court Is Set to Hear Two Very Important Criminal Trials

By Hauter Law Firm, PC |

The U.S. Supreme Court will hear two very important criminal cases in October; one involving the question of whether it is legal for a state to do away with the insanity defense, and the other examining whether the 14th Amendment confers one’s federal Sixth Amendment rights to an impartial (unanimous) jury verdict in state… Read More »

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Arrested2

The U.S. Supreme Court Weights to What Extent State Criminal Laws Are at Odds with Federal Immigration Laws

By Hauter Law Firm, PC |

The U.S. Supreme Court is currently considering a case that will have significant impacts on both criminal and immigration laws. The case involves an immigrant who allegedly used a fake Social Security card in order to be able to work in the state of Kansas. While federal authorities looked the other way and decided… Read More »

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Juvenile3

Judge Rules That Prosecuting Sixteen-Year-Old as Adult Violates His Constitutional Rights: What This Means for Other Juveniles Accused of Crimes in North Carolina

By Hauter Law Firm, PC |

A decision made by a North Carolina judge in late October that charging a 16-year-old as an adult violated both the eighth (cruel and unusual punishment) and 14th (due process) Amendments will have significant repercussions for all juveniles charged in the state. Meanwhile, the state’s “Raise the Age” law goes into effect this December,… Read More »

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Immig8

Lawsuit Filed Against Order Seeking to Block Visas for Immigrants Who Cannot Afford Health Care Insurance

By Hauter Law Firm, PC |

In late October, the Trump administration was sued over its proposal to reject visa applications from immigrants who it determined do not have (and cannot obtain within 30 days of entry) “approved” health care insurance coverage. The proposal was slated to go into effect on November 3, but an injunction to block it was… Read More »

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Legal15

North Carolina’s Sexual Assault Laws Change, Opening The Door for Prosecutors

By Hauter Law Firm, PC |

In November, North Carolina’s sexual assault laws originally providing that an individual could not legally withdraw their consent for sex once that they had already consented and started to engage in the act were changed by the state legislature. Known for many years as the “right to finish” law, prior to the change, the… Read More »

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CrimJustice

November Federal Immigration & North Carolina Criminal Justice Update

By Hauter Law Firm, PC |

During November, several crucial cases that will have significant impacts on both immigration and criminal defense in North Carolina were argued. Below, we discuss them in greater detail: Will U.S. Supreme Court End The DACA Program? In November, the U.S. Supreme Court reportedly signaled support for President Trump’s proposal to kill the Deferred Action… Read More »

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