News & Publications
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StarNewsOnline: Report calls for the banning of solitary in prison
December 09, 2014

By Julian MarchJulian.March@StarNewsOnline.com Published: Monday, December 8, 2014 at 10:55 a.m. Last Modified: Monday, December 8, 2014 at 10:55 a.m.   In Southeastern North Carolina, county jails have cells that can be used to separate prisoners from the general population. Officials may use the cells to isolate unruly inmates or for other reasons, such as medical issues or for their protection. Inmates serving time in prisons and jails are already separated from society. Once they are behind bars, placing inmates in what's called solitary confinement is too much isolation, according to a ...
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FEATURE: Defense Attorney Carves Out White-Collar Crime Niche by Greater Wilmington Business Journal
November 11, 2014

BY JENNY CALLISON, POSTED NOV 10, 2014 WilmingtonBiz.com Defense attorney James Payne has taken on capital murder and white-collar crime cases. The Shallotte-based attorney has represented service members while in the Marines and served as a military judge when he was a reservist. (Photo by Chris Brehmer)   His main office may be in Shallotte, but James Payne is anything but a small-town lawyer. In his practice as a criminal defense attorney, at any one time he may have several capital murder cases in North Carolina and several white-collar crime cases, which can take him anywhere. “ ...
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PortCityDaily.com: N.C. voters approve constitutional amendment to waive jury trial
November 05, 2014

November 4, 2014 By Caroline Curran PortCityDaily.com is your source for free news and information in the Wilmington area. North Carolinians have voted in favor of a constitutional amendment that will allow for a person charged with a criminal offense to waive his or her right to a jury trial and instead have a judge hear the case and deliver a verdict. Unofficial results from the N.C. State Board of Elections show 53 percent of voters were in favor of the amendment, while 47 percent of voters opposed the measure. According to a report by the ...
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PortCityDaily.com: Election 2014: Voters to decide on constitutional amendment to waive jury trial
November 04, 2014

nbsp; November 4, 2014 By Caroline Curran PortCityDaily.com is your source for free news and information in the Wilmington area. Judge or jury? That’s the question that will be put to voters today as North Carolinians vote on a constitutional amendment to determine whether one can waive his or her right to a jury trial. If adopted, the constitutional amendment will allow for a person charged with a criminal offense to waive his or her right to a jury trial and instead have a judge hear the case and deliver a verdict. According to ...
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NC Constitutional Amendment on Ballot This November
November 04, 2014

By ISABELLE SHEPHERD This Election Day, North Carolina voters will decide upon a constitutional amendment that would allow defendants facing felony charges to opt out of a trial by jury. This Election Day, North Carolina voters will decide upon a constitutional amendment.  If it is passed, North Carolina would be the last state in the country to allow defendants facing felony charges to opt out of a trial by jury.  The amendment would permit defendants facing felony charges to forego a jury trial in favor of a trial by judge, except in cases where the state ...
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The True Bill, www.ncbar.org: Hope for Federal White Collar Defendants By W. James Payne
October 29, 2014

nbsp; October 27, 2014 By W. James Payne Published by: The True Bill, North Carolina Bar Association Incarceration: a real likelihood for federal white collar defendants. White collar criminal defense attorneys who practice in federal court are well-aware of this potential; United States Sentencing Guideline (U.S.S.G.) §2B1.1 makes it so. Recent movement in the federal system, however, leaves open the hope of less draconian sentences for white collar defendants. While prison is always taken by counsel as a possibility in criminal defense, the application of §2B1.1 to a “typical” white collar ...
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The Herald Sun: NCCU program focuses on exoneration of brothers
October 23, 2014

Oct. 22, 2014 @ 06:15 PM Keith Upchurch DURHAM — The exoneration of two half-brothers who falsely admitted to murdering an 11-year-old girl shows that confessions aren't always true, according to an attorney for one of the men. "The only evidence that linked these two young boys to the crime was their confessions, which later turned out to be false," attorney W. James Payne said Tuesday. "A key learning point is that just because individuals may confess to crimes doesn't mean that they actually did them." Payne spoke Tuesday at the N.C. Central University School of Law about the ...
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WECT TV6: Constitutional amendment would allow defendants to waive jury trial [watch video]
October 14, 2014

WECT TV6-WECT.com:News, weather WILMINGTON, NC (WECT) - North Carolinians will have the chance to change the state's constitution in the upcoming General Election. Voters will cast ballots for or against a constitutional amendment that would allow a person accused of a felony to waive his or her right to a jury trial, taking the case before a judge instead. North Carolina is the only state in the nation that doesn't allow defendants to forgo jury trials, according to the UNC School of Government.  Cases that could result in a death sentence would still be required ...
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StarNewsOnline: Determining incompetency can be difficult
October 09, 2014

By F.T. NortonFran.Norton@StarNewsonline.com Published: Tuesday, October 7, 2014 at 3:00 p.m.       The recent court case to determine New Hanover County Commissioner Brian Berger's competency to stand trial offered a glimpse into the difficulties officials have in determining whether a defendant is able to aid in his defense. In Berger's case, a defense-requested evaluation found him incapable of assisting his attorney. A second evaluation at the behest of the prosecution found Berger capable. Ultimately, the embattled commissioner whose term is set to end next month was found guilty of violating his ...
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W. James Payne Law Firm Newsletter, Edition No. 3, October, 2014.
October 03, 2014

CLICK HERE TO VIEW THE W. JAMES PAYNE LAW FIRM NEWSLETTER, EDITION NO. 3, OCTOBER, 2014. ...
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