What do you really do? – A Summary of my Criminal and Civil Rights Practice
I have received many requests lately for a wide variety of assistance, and I wanted to clarify what kind of work I do.
I make a living working as an attorney. Most of my practice focuses on criminal defense. I practice trial courts and appeals court at both the state and federal level. I also handle post-conviction cases, which involve trying to overturn convictions after the appeal period is over based upon new evidence.
I take a small number of civil rights cases. I screen these cases very carefully, and only take a select few. These cases are usually claims for excessive … read more »
How Much is Your Pet Worth To You? Reflections on a Recent NC Appellate Case
Should we be able to recover monetary damages for the loss of our pet? If so, how is the pet’s value determined? Does the pet have intrinsic value beyond the cost of purchase? What about recovery for non-economic damages such as loss of enjoyment, companionship, emotional distress, or pain and suffering?
On February 21, 2012 the NC Court of Appeals held that in North Carolina we cannot recover damages for loss of pets beyond actual out-of-pocket expenses (such as the cost of replacement value or veterinarian expenses). The case is Nancy and Herbert Shera v. NC State University Veterinary Teaching Hospital. … read more »
“Stand-Your-Ground” makes us less safe
The stand-your-ground laws have altered the traditional rule of self-defense in a way that makes us all less safe. Under traditional self-defense rules a person has a duty to retreat if reasonably possible to avoid killing. The Stand your ground doctrine alters that duty under certain circumstances, and allows the person the choice to kill or retreat when they could reasonably do either. For example, if you believed someone was attacking you while you were in your car, and you could drive away – the traditional duty to retreat requires you to drive away and call the police. The stand … read more »
Increasing Bonds? The Solution to Gun Violence? Really?
I’ve read recently that Durham Mayor Bill Bell and Durham County Commissioners Chairman Michael Page both support increasing bonds for people charged with gun violence as a way to reduce violence in Durham. These recurring suggestions that “getting tough on crime” and increasing punishment will deter crime are out of touch with the causes of crime in our community. Political leaders serious about reducing crime should be talking about living wage jobs programs, counseling, education, training, and intensive mentorship programs. Our local “criminals” are mostly kids who have been abandoned by their families and by our community. They have been … read more »
A Review of “Living Without Enemies: Being Present in the Midst of Violence”
By Samuel Wells and Marcia Owen
Reviewed by Scott Holmes
In this beautiful little book, my friend Marcia Owen shares her way of making peace in our community. Marcia is the executive director of the Religious Coalition for a Nonviolent Durham. (http://www.nonviolentdurham.org/) She has helped organize “Faith Teams” in local faith communities to support people returning to our community from prison. She has helped form one such Faith Team in our Meeting. She also organizes vigils in the community to commemorate, honor, and hold the suffering of families who have lost loved ones to gun violence. This is a unique book about … read more »
The Ethics of Mudslinging in Court – What is Next for Durham Courts?
I have received a lot of support for my last blog asking Tracey Cline to resign, and appreciate that support. Since then, I have been weighing the serious allegations of ethical misconduct that have been lodged against Ms. Cline. In this blog I take a closer look at the ethical ramifications of making false statements in filings, failing to notify opposing parties of motions, and making false statements against a judge which impugn the integrity or qualifications of that judge. And I look at what may be next for our Courts.
False Filings and Going Behind Someone’s Back
Ms. Cline has been … read more »
“Please make it Stop” – The Judicial Meltdown in Durham
“Please make it stop.” These were the words going through my head as I heard District Attorney Tracey Cline explaining to Judge Carl Fox why she had filed a motion to have Judge Hudson removed from criminal cases in Durham. She is not making sense. She is incoherent, unprepared, and embarrassing herself. She tried to argue cases she had not read, and the cameras were rolling. I have known Ms. Cline for years, and have tried cases with her since 1998. I have known her as a prosecutor who cares deeply for the victims of crime and who works hard … read more »
Barri Payne has been certified by the N.C. State Bar as a Board Certified Family Law Specialist!
On November 21, 2011, Barri Payne received her certification from the N.C. State Bar Board of Legal Specialization as a specialist in family law. Barri was one of 12 lawyers across the state certified this year in family law. To be certified as a specialist in family law, a lawyer has to meet several criteria including:
Licensed as an attorney for over 5 years
Devote a substantial portion of their practice to family law
Attend many hours of Continuing Legal Education (CLE) seminars in family law
Be favorably evaluated by other lawyers and Judges through a peer review process
Pass a written comprehensive family law … read more »
Guilty of Neglect
I was sitting in the corner of the cramped court room at the Durham County Jail when they rolled an inmate wearing orange into the courtroom in a wheel chair. I was waiting my turn to ask for a bond reduction for a client, and had about a lot other things waiting for me at the office. The Assistant District Attorney read the guy’s name and his charges: “On or about October 22, 2010, you unlawfully and willfully did solicit passers-by on Fayetteville Road for money.” I was appalled. So was the judge. A homeless guy in a wheel chair … read more »
The Possibilities of Forgiveness and Reconciliation
When a mother loses her son, when he is shot and killed, it is natural to assume there is nothing but anger, hatred, and revenge in her heart. When a sister loses her dear brother, the source of joy and humor in her life, it is natural to assume she feels only ill will toward the person who took her brother from her. In my work defending people charged with murder, I have witnessed miraculous moments of forgiveness and reconciliation. I have received expressions of love and grace from these most unexpected messengers of hope.
When I litigate murder cases, I … read more »
