Buncombe County January 31, 2018 (3 months ago)

Jury Verdicts

List of the Buncombe County Jury heard court cases in the last 3 years.

Status: Response Received from Government

Activity:

  • April 27, 2018 3:19 pm

    4 weeks ago

    **Editor’s Note for requester: We got the flash drive, but the information contained on it is not in a usable format so it will take time for us to extract and upload it.


    Status:
  • April 11, 2018 1:15 pm

    1 month ago

    **Editor’s Note for requester: Sunshine Request has mailed a cashier’s check for the information detailed in this request, once we receive the flash drive with information we will upload it to our site.

     

    Please note: we have spoken with Remote Public Access for NC Courts and have been told that information for the year 2018 will not available until the first week of July. If the requester would like to submit a new request closer to the time that information is available, please feel free to do so. Thank you!

     

    Sunshine Request


    Status: Sent to Government
  • February 9, 2018 3:22 pm

    3 months ago

    Thank you for your reply.

     

    We will send payment (via cashier’s check), as well as address info., in the mail in the coming week.

     

    Thank you for your assistance.
    Have a great weekend!

     

    Sunshine Request


    Status: In Review
  • February 9, 2018 3:10 pm

    3 months ago

    Editor’s note: Sunshine Request cannot always cover fees like this (below). However, since this is the first time it has occurred, we will be glad to send a cashier’s check ourselves, and will post the data when we get it back. We cannot do this immediately, but will do so next week (Wk. of 02/12/18 – 02/18/18).


    Status: In Review
  • February 9, 2018 11:24 am

    3 months ago

    from: RPA <rpa@nccourts.org>
    to: “records@sunshinerequest.com” <records@sunshinerequest.com>
    date: Fri, Feb 9, 2018 at 11:24 AM
    subject: RE: Public Records Request

     

    The North Carolina Administrative Office of the Courts provides, for research purposes, a five-year statistical raw data extract of data from the statewide Automated Criminal/Infractions System (ACIS). The extract includes criminal and infractions data from 01/01/2013 – 12/31/2017 and is provided on a flash drive.

     

    The extracts include case information for any case based on at least one of the following dates falling within the previous five-year date range.

     

    1. Date the case was originally created on the system.
    2. Date the case was originally created in Superior.
    3. Date the case was disposed in District.
    4. Date the case was disposed in Superior Court.

     

    You will find the ACIS Case Record Layout attached so you can see the fields included in the extract.

     

    If you are interested in this extract and want to receive it by mail, please mail a $17 cashier’s check made out to the N.C. Administrative Office of the Courts to the following address to cover the cost of the flash drive and mailing by certified mail.

     

    N.C. Administrative Office of the Courts
    Financial Services Division
    Attn: Remote Public Access
    901 Corporate Center Drive
    Raleigh, NC 27607

     

    Please provide a physical address to which you want the flash drive mailed upon our receipt of the check.

     

    If you prefer to pick up the flash drive at our building rather than having it mailed, the cost is $7. Please let us know your preference.

     

    Remote Public Access
    North Carolina Judicial Branch
    O 919-890-2220
    F 919-890-1901

     

    ** Editor’s Note: This reply also included an attachment (NEW-ACIS Case Record Layout.xlsx) which you may access at top left in “documents”.


    Status: Response Received from Government
  • February 7, 2018 1:59 pm

    3 months ago

    Thank you Steven,

     

    I very much appreciate your thoroughness!

     

    Just now, I submitted the request via NC Courts’ online form as provided by Mr. Tamer.

     

    Have a great afternoon!

     

    ** Editor’s note: Request has been submitted via NCCOURTS’ online form at http://www1.aoc.state.nc.us/juddir/pages/mail/request/publicrecordsrequestfm.jsp.

     

    “Steven Cogburn (Buncombe Co. Clerk of Sup. Court), Michael Frue (Bunc. Co Attorney), Todd Williams (Bunc. Co. DA), Patrick Tamer (NCJB), and Ryan Stone (NCJB) are all aware of this request. Patrick advised that I submit via your online form.

     

    I work for a website called Sunshine Request www.sunshinerequest.com. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.
    We recently received a request for info that may be available in your office.

     

    Here are the details:

     

    Subject: “Jury Verdicts”
    Message: “List of the Buncombe County Jury heard court cases in the last 3 years. ”

     

    Please note that the request should cover the time period of January 1, 2015 – January 31, 2018.

     

    Thank you for your assistance with the request.
    Have a great afternoon!”


    Status: Sent to Government
  • February 7, 2018 11:43 am

    3 months ago

    from: Cogburn, Steven D. <Steven.D.Cogburn@nccourts.org>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Wed, Feb 7, 2018 at 11:43 AM
    subject: FW: Data Request for Buncombe County

     

    Sunshine Request

     

    I am forwarding the response we got from the AOC. They require the request come from the party seeking the information.

     

    I am still waiting to hear from my inquiries around the courthouse.

     

    Steven Cogburn/

     

    Clerk of Superior Court
    Buncombe County
    North Carolina Judicial Branch
    O 828-259-3400
    F 828-259-3401

    From: Stone, Matthew B.
    Sent: Tuesday, February 06, 2018 3:14 PM
    To: Tamer, Patrick
    Cc: Cogburn, Steven D.
    Subject: Data Request for Buncombe County

     

    Patrick,

     

    Our office received a records request for a list of cases, both civil and criminal, between 1/1/2015 and 1/31/2018 that were disposed of by a jury trial. Is there a way for us to run a program to produce such a list/filter or is this something that can be done by AOC? We would be looking for cases using the criminal disposition code JR and civil disposition code TRJR.

     

    Thank you for the assistance as always.

     

    Ryan

     

    Ryan Stone
    Assistant Clerk of Superior Court-Buncombe County
    Special Proceedings Division
    North Carolina Judicial Branch
    O 828-259-6405
    F 828-259-3401

    From: Tamer, Patrick
    Sent: Wednesday, February 07, 2018 4:04 AM
    To: Stone, Matthew B. <Matthew.R.Stone@nccourts.org>
    Cc: Cogburn, Steven D. <Steven.D.Cogburn@nccourts.org>; NCJC.LSD.Public Records <PublicRecordsRequest@nccourts.org> Subject: RE: Data Request for Buncombe County

     

    Please have the original requestor complete the appropriate request form below. It needs to be the original requestor, it should not come from your office even if someone else asked you for it.

     

    Note: North Carolina public records laws do not require agencies to produce records not in existence at the time of the request. G.S. 132-6.2.

     

    If information is needed for other purposes not related to Judicial Branch work (this includes for campaign purposes), please complete the general Public Records Electronic Request Form by Public:

     

    http://www1.aoc.state.nc.us/juddir/pages/mail/request/publicrecordsrequestfm.jsp

     

    Note: if the request is not solely for the purpose of their work with the Judicial Branch and the report doesn’t exist at the time of the request it is likely state resources won’t be expended to create it.

     

    Thank you,

     

    Patrick Tamer
    Statistical Analyst Programmer II
    Administrative Office of the Courts
    North Carolina Judicial Branch
    O 919-890-1279
    O 8-919-890-1279 (From Judicial telephones)


    Status: Response Received from Government
  • February 6, 2018 3:19 pm

    3 months ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: “Cogburn, Steven D.” <Steven.D.Cogburn@nccourts.org>
    cc: “Michael C. Frue” <michael.frue@buncombecounty.org>, “Williams, Todd M.” <Todd.M.Williams@nccourts.org>
    date: Tue, Feb 6, 2018 at 3:19 PM

     

    Mr. Cogburn,

     

    Thank you very much for your assistance. We appreciate you!

     

    Have a great evening!

     

    Sunshine Request


    Status: Follow up
  • February 6, 2018 3:04 pm

    3 months ago

    from: Cogburn, Steven D. <Steven.D.Cogburn@nccourts.org>
    to: Sunshine Request <records@sunshinerequest.com>
    cc: “Michael C. Frue” <michael.frue@buncombecounty.org>, “Williams, Todd M.” <Todd.M.Williams@nccourts.org>
    date: Tue, Feb 6, 2018 at 3:04 PM
    subject: RE: Records Request: Jury Verdicts

     

    Sunshine Request:

     

    The information that you seek is not in a specific list. There are codes that are entered into the court data base for criminal cases but that information would be in Raleigh at the Administrative Office of the Courts.

     

    I have reached out to the Trial Court Administrator to see if he has a list of the civil cases that were resolved by a jury. The TCA does not have a list but will check to see what calendars he might have available.

     

    I will send you more information after I have had a chance to look further. The problem for this type of request is that each case is treated separately and therefore we do not have a “list”. I will also query the Jury Clerk on whether she has some information.

     

    Steven Cogburn

     

    Steven Cogburn
    Clerk of Superior Court
    Buncombe County
    North Carolina Judicial Branch
    O 828-259-3400
    F 828-259-3401


    Status: Government Processing Request
  • February 6, 2018 2:21 pm

    3 months ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: steven.d.cogburn@nccourts.org
    cc: “Michael C. Frue” <michael.frue@buncombecounty.org>, “Williams, Todd M.” <Todd.m.williams@nccourts.org>
    date: Tue, Feb 6, 2018 at 2:21 PM

     

    Good Afternoon Mr. Cogburn,

     

    I work for a website called Sunshine Request www.sunshinerequest.com. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.

     

    We recently received a request for information that both Michael Frue, and Todd Williams advise may be available in your office.

     

    Here is the info sent by the requester –

     

    Subject: Jury Verdicts

     

    Message: “List of the Buncombe County Jury heard court cases in the last 3 years. ”

     

    ** Editor’s note: Please note that the requester has filled out a field on our site indicating that the request should also cover the time period of January 1, 2015 – January 31, 2018.

     

    Thank you for your assistance with the request.
    Have a great afternoon!

     

    Sunshine Request


    Status: Sent to Government
  • February 6, 2018 2:10 pm

    3 months ago

    ** Editor’s Note: Sunshine Request obtained the email address (steven.d.cogburn@nccourts.org) for BC Clerk of Superior Court, Steven D. Cogburn, by calling phone # (828) 259-3400 as listed on BCGov’s website. We spoke to an operator who provided the information.


    Status: Follow up
  • February 6, 2018 11:33 am

    3 months ago

    from: Williams, Todd M. <Todd.M.Williams@nccourts.org>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Tue, Feb 6, 2018 at 11:33 AM
    subject: RE: Records Request: Jury Verdicts

     

    In North Carolina a complete transparent record of all proceedings in our courts both jury and non-jury is kept by the Clerk of Court, not the District Attorney. The duties of the Clerk are defined by NC Statute at NCGS 7A-109 — “Each clerk shall maintain such records, files, dockets and indexes as are prescribed by rules of the Director of the Administrative Office of the Courts. Except as prohibited by law, these records shall be open to the inspection of the public during regular office hours, and shall include civil actions, special proceedings, estates, criminal actions, juvenile actions, minutes of the court, judgments, liens, lis pendens, and all other records required by law to be maintained.” The duties of the District Attorney are set out in a separate statute and the NC Constitution and do not include record keeping that is responsive to your request.

     

    In general, criminal case materials, documentation and evidence in the possession of the Office of the District Attorney are not public record per NCGS 132-1.4 (a). There are multiple reasons for this, but chief among them are to encourage the truthful reporting and investigation of crimes and to protect the rights of those accused of violating the law.

     

    Moreover, pursuant to Rules 3.6 and 3.8 of the NC Rules of Professional Conduct for lawyers, prosecutors are obligated to refrain from making extrajudicial statements that may “materially prejudice an adjudicative proceeding” and statements that are likely to “heighten public condemnation of the accused”. For good reason, trial records are maintained by the Clerk and the Administrative Office of the Courts; when this Office needs records of the type sought in this request, we get them from the Clerk or AOC.

     

    However, once a particular case of public interest is disposed, and an ethical statement may be made, the Office of the District Attorney regularly releases information about particular case dispositions on Twitter during the period of time relevant to this request. That feed may be found at the following URL:
    https://twitter.com/BuncombeCoDA

     

    Additional information about the work of the office may be obtained at BuncombeDA.org

     

    Other than the foregoing, the Office of the District Attorney is not in possession of records or documentation that is responsive to this request.


    Status: Response Received from Government
  • February 5, 2018 12:52 pm

    3 months ago

    Thank you Michael,

     

    I will try both.

     

    Do you happen to have Steven Cogburn’s email address? There doesn’t seem to be one listed online.

     

    Thank you for your time.
    Have a great afternoon!

     

    Sunshine


    Status: Follow up
  • February 5, 2018 11:46 am

    3 months ago

    from: Michael C. Frue <Michael.Frue@buncombecounty.org>
    to: Sunshine Request <records@sunshinerequest.com>, “Williams, Todd M.” <Todd.m.williams@nccourts.org>
    cc: “Kassi L. Day” <kassi.day@buncombecounty.org>
    date: Mon, Feb 5, 2018 at 11:46 AM
    subject: RE: [External] Records Request: Jury Verdicts

     

    Hello –

     

    Buncombe County does not maintain records responsive to this request. These records are maintained by the North Carolina Administrative Office of the Courts. Locally, the Office of the Clerk of Court might be an appropriate contact.

     

    Thank you.

     

    Michael C. Frue
    Buncombe County
    Senior Staff Attorney


    Status: Response Received from Government
  • February 2, 2018 5:25 pm

    3 months ago

    from: Michael C. Frue <Michael.Frue@buncombecounty.org> via buncombecountync.onmicrosoft.com
    to: Sunshine Request <records@sunshinerequest.com>
    date: Fri, Feb 2, 2018 at 5:25 PM
    subject: Automatic reply: [External] Records Request: Jury Verdicts

     

    I will be at the county attorneys’ conference on Thursday February 1st and Friday, February 2nd. If you need immediate assistance please call 828-250-4100. Thank you.

    from: Sunshine Request <records@sunshinerequest.com>
    to: “Williams, Todd M.” <Todd.m.williams@nccourts.org>
    cc: “Michael C. Frue” <michael.frue@buncombecounty.org>
    date: Fri, Feb 2, 2018 at 5:25 PM
    subject: Records Request: Jury Verdicts

     

    Good Evening Mr. Williams,

     

    I work for a website called Sunshine Request www.sunshinerequest.com. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.

     

    We recently received a request for information that may be available in your office.

     

    Here is the information sent by the requester –

     

    Subject: Jury Verdicts
    Message: “List of the Buncombe County Jury heard court cases in the last 3 years. ”

     

    ** Editor’s note: Please note that the requester has filled out a field on our site indicating that the request should also cover the time period of January 1, 2015 – January 31, 2018.

     

    Thank you for your assistance with the request.
    Have a great weekend!

     

    Sunshine Request


    Status: Sent to Government