Page 1 Join us as we head to Grandover Resort for the 2012 North ...

February 2012
GRANDOVER
RESORT
2012 Summer Association Meeting
June 17-20 in Greensboro, North Carolina
Join us as we head to Grandover Resort for the 2012 North Carolina District Attorneys’ Summer Association Meeting. We
promise a full complement of CLE programs, a relaxing atmosphere and lots of social time to catch up with your colleagues.
HOTEL
ACCOMMODATIONS
CCOMMODATIONS: Please make your reservations at:
Grandover Resort
One Thousand Club Road
Greensboro, NC 27407
336-294-1800
*Specify you are with the NC Conference of District Attorneys to guarantee room rate! Rates are $119 a night.
**Cutoff date: May 17, 2012
REGISTRATION
EGISTRATION:
Pre-registration begins by mailing in the registration form included in this newsletter along with your $115 registration fee. Make
checks payable to NCDAA. The fee includes your annual dues ($25), 12 hours CLE, 3 breakfasts and the social including dinner
and drinks (you will get $41.90 back in reimbursements). Your $115 registration fee and the registration form must be mailed
and postmarked by June 11th. Waiting to pay at the door will add an additional $10 to your registration fee.
New!! You may now complete your pre-registration online at our website, www.ncdistrictattorney.org/associationmeeting.html. To
ensure that you are fully pre-registered, you must fill out and follow the directions on the online registration form AND complete
the payment process by using your credit card or PayPal account. Please be sure to note on the registration form that you have
paid via PayPal.
REGISTRATION
RETURN
POLICY
OLICY:
We unquestionably understand if you experience a conflict and are unable to attend. In order for your registration fee to be
returned to you, please call our office by the Friday BEFORE the Association Meeting, and ask to speak to Sara. She will obtain
your information and send you a form confirming your cancellation, along with your voided check. This will ensure your
registration will be returned to you in a timely manner. However, if you do not cancel your registration prior to the cutoff, your
registration fee will NOT be refunded.
HANDOUTS
ANDOUTS:
You may now choose to have a hard copy of your handouts or a CD placed in your meeting packet. Please be sure to identify on
your registration form which method you prefer to have. Please note: You may only choose one and if you do not indicate a
preference or you do not pre-register, you will be given a CD.
SOCIAL
OCIAL:
Monday Evening: Please join us for dinner, drinks, dancing and a great time with your colleagues!
REIMBURSEMENT
EIMBURSEMENT:
A travel reimbursement form will be provided to you in your meeting packet upon arrival at the Conference. If your Elected
District Attorney or a designated person authorized to sign travel reimbursement forms is present at the Association Meeting,
he/she must sign your travel reimbursement form. If this person is not in attendance, Peg Dorer (Conference Director) is
authorized to sign your reimbursement.

2012 SUMMER
ASSOCIATION MEETING
Grandover Resort - Greensboro, NC
June 17 - 20, 2012
Please complete entire form:
Name:
District:
Address:
City: Zip: State Bar #:
Phone:
Fax:
Payment Method: Check Enclosed Paid with PayPal
Handouts (Choose One): Printed Only
Electronic Only (CD)
Mail the completed form along with your check (made payable to NCDAA) to the address below or register online at our website
www.ncdistrictattorney.org. *Please note that completion of this form alone DOES NOT mean that you are registered for the Summer
Meeting. No one will be pre-registered for the Summer Meeting until we have your payment via check, or confirmed PayPal transaction.
Registration Fees:
N C C o n f e r e n c e o f D i s t r i c t A t t o r n e y s • P O B O X 3 1 5 9 • C a r y , N C 2 7 5 1 9
Prosecutors: $115.00 (Includes CLE Hours, three breakfasts, social dinner, and $25.00 in annual dues.)
Others: $90.00 (The NCDAA meeting is open to other public interest attorneys in the AOC and Attorney General’s offices)
Guests: Adults - $50.00 Children - $20.00 (Includes social dinner and drinks)
*Make all checks payable to NCDAA
2012 Summer Association Meeting Agenda:
Monday, June 18th
8:30am - 9:00am
Welcome and Introductions
9:00am - 10:30am
Detection of Deception
10:45am-12:15pm
Detection of Deception
2:00pm - 3:00pm
Ethics - The Bar Complaint Process
3:00pm - 4:00pm
Ethics: “It has to be you...Maybe”: A review
of Connick v. Thompson and it’s Brady
Impact
4:15pm - 5:15pm
Travel, Expert Witnesses and Material
Orders
Tuesday, June 19th
9:00am - 10:00am
Domestic Violence
Racial Justice Act
Using Powerpoint to Prove your Case and
Seal your Verdict
10:15am - 11:15am
DWI Legal Update
Prescription Drugs
Certificates of Relief
11:30am - 12:30pm
Investigative Traffic Stops
North Carolina ICE/ERO Operations
Capital Case Update
Wednesday, June 20th
8:45am –9:30am
Prosecutor Encyclopedia
9:30am - 10:30pm
Notice and Demand Statutes
10:45am - 12:00pm
Legal Update
For more information or to register and pay online, please visit our website at www.ncdistrictattorney.org

NEW TRAVEL POLICIES NOW IN EFFECT
AOC has contracted with a travel agency, Travelectra, to provide all travel services. To date, we have saved in excess of
$50,000.00 with this streamlined automated process. These changes have been made in an effort to reduce the demands on
your staff and to eliminate the necessity of most reimbursements. Recognizing the burden placed on many offices and
witnesses to pay in advance, AOC has formalized an exclusive contract with a travel agency which includes direct billing for
travel and lodging. All travel, hotel and rental cars MUST be booked through this service. ANY TRAVEL BOOKED OUTSIDE
OF THESE SERVICES MAY BE DENIED FOR REIMBURSEMENT. More information regarding this new service and how to best
utilize it in your office will be presented at the 2012 Summer Association Meeting and the Support Staff Seminar.
How does my office arrange travel?
Complete the travel request form found at www.ncdistrictattorney.org/travel.html and email it to travel@nccourts.org .
Once a proposed itinerary is received from Travelectra, confirm the personal information is correct and that the proposed
travel meets your needs. You MUST make any corrections of personal information before the ticket is purchased. If not,
there will be a $150 additional charge added to the victim/witness’ ticket. Once any corrections have been made notify
Travelectra that the ticket can be purchased. Forward the final itinerary to the witness.
Policy Highlights:
* Only testifying witnesses will be provided travel and lodging. Any non-testifying family members are not eligible for
travel reimbursement.
* Lodging is only available for the days that a witness is testifying. If a witness stays for the remainder of the trial, it will
be at his/her own expense.
* An out of state witness that drives instead of flies will only be reimbursed miles up to the amount of a flight for that
distance.
* Witnesses are entitled to reimbursement for one checked piece of luggage, unless extraordinary circumstances exist
and prior approval from the AOC is received.
* Reimbursement for meals is at the state rate, regardless of the actual amount spent.
* All expenses for meals, rental car expenses and other expenses must be paid up front by the witness and then
reimbursed by AOC.
* AOC is prohibited from providing any cash advances for any expenses.
Helpful Tips:
* It is always important to give as much notice as possible, but when that last minute need arises, please contact
travel@nccourts.org.
* All travel and lodging will be direct billed to AOC. Any other requested reimbursements should either be submitted on
AOC-CR-231 (for expert witnesses) or AOC-CR-235 (for fact/lay witnesses). It is no longer necessary to have orders for
reimbursement of these expenses entered in each case.
* Any questions should be directed to Tammy Smith at tammy.j.smith@nccourts.org or 919-890-1308.
STANDARDIZED MAXIMUM EXPERT FEES
Pursuant to legislation, the AOC has enacted standardized maximum fees for all expert witnesses. ALL PROSECUTORIAL
AND INDIGENT DEFENSE SERVICES EXPERTS SHALL BE PAID AT THE SAME RATES. Expert Witness rates can be found on the
AOC-CR-231T form and are configured based on education and experience of the expert.
Helpful Tips:
* Once an expert has testified, he/she should complete and return form AOC-CR-230T. A designee in your office should
complete form AOC-CR-231T, using the information provided by the expert and submit to the presiding judge for signature.
Forward original forms and copy of the expert’s curriculum vitae or resume to Vicki Stone at PO Box 2448, Raleigh,
NC 27602.
*All experts MUST be asked to notify the District Attorney’s office if his/her invoice will exceed $5,000.00. Prosecutors
MUST notify AOC (Vicki Stone, Vicki.L.Stone@nccourts.org or 919-890-1021) in advance if an expert’s fee is going to exceed
$5,000.00.
* If an expert’s work in a case exceeds a year, requests for payment MUST be submitted on an annual basis. Do not submit
a request for payment for multiple years.
* Deviations from these standard rates may be requested in cases of extraordinary needs by completing and submitting
form AOC –A-234T to Tammy Smith at tammy.j.smith@nccourts.org or 919-890-1308.
* Any questions should be directed to Tammy Smith.

IMPORTANT: SEX OFFENDER REGISTRY CASES
In re Borden: Mitchell Borden moved to North Carolina and registered as a sex offender on
June 1, 2009 because of a conviction of rape from Kentucky. He petitioned for removal from the
registry on September 14, 2010 which the trial court allowed because Borden had been registered in
Kentucky since 1995. The trial court reasoned his time on the Kentucky registry applied to our
registration system. The State appealed and the Court of Appeals held “initial county registration” to be
defined as initial county registration in North Carolina. Therefore a sex offender must be registered in
North Carolina for 10 years from the date of initial county registration before he/she can petition to be
removed. The Court of Appeals did not consider the Kentucky registration time in calculating when he
could come off of the NC registry. Prosecutors, when an offender petitions to be removed from the
registry, make sure 10 years has passed from the date of initial county registration in North Carolina.
In re Hutchinson: Robert Hutchinson petitioned to terminate his sex offender registration
requirement and the prosecutor consented. The Court of Appeals held that the State could not argue
Mr. Hutchinson's removal from the registry was improper when the State did not do so at the trial level.
This was true even though he had not been registered in North Carolina for the required 10 year period.
Prosecutors, please be mindful that in such cases, your acquiescence to such matters may prevent any
other state agency from pursuing the issue on behalf of their clients.
Please contact Lauren Talley at the Attorney General’s Office if you have any questions at
LTally@ncdoj.gov
PADILLA v. Kentucky - Ineffective Counsel and Deportation MAR
Our trial courts have previously seen a number of MARs on this issue. The Court of Appeals granted
certiorari review in one, and in a recent opinion, State v. Alshaif, No. COA11-817, held that Padilla did
not apply retroactively. Although the Court did not address the additional issues presented, it is
further arguable that an MAR defendant could not show prejudice where he was informed in open
court by the trial court of the possibility of deportation, had no further questions or concerns, and
went forward with his plea. Please contact Derrick Mertz with the Attorney General’s Office (919) 716-
6597 if you have any further questions, or would like access to his briefs and other filings in the various
cases that have raised this issue. The link to the NC Court of Appeals opinion is below.
http://appellate.nccourts.org/opinions/?c=2&pdf=MjAxMi8xMS04MTctMS5wZGY
Conference of District
Attorneys
Staff
Peg Dorer
Director
Karen Wood
Deputy Director
Kimberly Overton
Chief Resource Prosecutor
Chad Dixon
Operations Manager
Sara Phillips
Program Coordinator
LaKisha Wardrick
Traffic Safety Legal Assistant
Sarah Garner
Traffic Safety Resource
Prosecutor
Amber Lueken Barwick
Violence Against Women
Resource Prosecutor
Mary Hill
VAW Meeting Planner
and Assistant
NC Conference of District Attorneys
PO Box 3159
Cary, NC 27519