Can a Sexual harassment lawyer file a human rights complaint?
Workplace harassment and discrimination can leave lasting emotional, professional, and financial consequences for employees. In many situations, individuals wonder whether a Sexual harassment lawyer can help them pursue justice through a human rights complaint. The answer is yes. A legal professional…
What is constructive dismissal in unjust dismissal Canada?
constructive dismissal in unjust dismissal Canada What is constructive dismissal in unjust dismissal Canada? It is a legal concept in employment law where an employee is not directly fired by the employer, but the employer’s conduct makes it impossible for…
Can an employment lawyer Toronto represent me in court?
When facing workplace disputes, many employees wonder if an Employment lawyer Toronto can represent them in court. The answer is yes. Employment lawyers are trained to handle both negotiation and litigation, ensuring your rights are protected. Whether it’s wrongful dismissal,…
Are bonuses considered in termination pay calculations?
bonuses considered in termination pay calculation When employees are terminated, one of the most common questions is whether bonuses are considered in termination pay calculations. This issue is particularly important in federally regulated workplaces, where Federal termination pay entitlements establish…
How long does a workplace harassment lawyer investigation take?
Workplace harassment lawyer investigation take When someone experiences mistreatment at work, one of the first questions that arises after seeking legal help is how long an investigation might take. Understanding the timeline is important because workplace harassment cases can be…
Some Other Provision of Law – North Carolina Criminal Law
Several criminal statutes include the provision that a person who commits the offense prescribed is guilty of a designated class of offense “unless the conduct is covered under some other provision of law providing greater punishment.” E.g., G.S. 14-33(c). Two…
N.C. Court of Appeals (Sept. 3, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2025. In defendant’s trial for felonious possession of stolen goods, admission of police chief’s testimony about defendant’s record of charges for breaking…
News Roundup – North Carolina Criminal Law
Jasveen Sangha, dubbed the “Ketamine Queen,” pled guilty on Wednesday to selling Matthew Perry the drugs that resulted in his death, as reported by the AP and ABC news. Perry was found dead at his home in Los Angeles, California,…
Some Foundation Required for DRE Testimony – North Carolina Criminal Law
In light of the recent Court of Appeals opinion State v. Moore, this post is a follow-up to the 2018 blog post State v. Fincher: No Foundation Required for DRE Testimony by my colleague Shea Denning. Rule 702 of the…
Legislature Revisits Law on Immigration Detainers – North Carolina Criminal Law
A few months ago, I blogged about the legislative changes that took effect last year surrounding the processing of defendants who are subject to immigration detainers. The North Carolina General Assembly revisited the topic this legislative session in S.L. 2025-85…
News Roundup – North Carolina Criminal Law
For the third week, federal forces continue to perform law enforcement duties in the District of Columbia pursuant to President Trump’s efforts to combat an alleged epidemic of crime there. This is despite the Department of Justice’s data indicating that…
Cases Outside North Carolina – North Carolina Criminal Law
In February, I blogged about State v. Thomas, 295 N.C. App. 564 (2024), and whether law enforcement can review ankle-monitoring data without a warrant. The defendant in Thomas was on post-release supervision when officers pulled his location data, and the…
N.C. Supreme Court (August 22, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on August 22, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no longer…
No Interscholastic Athletics Participation in Public Schools After a Felony Conviction – North Carolina Criminal Law
A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the…
N.C. Court of Appeals (Aug. 20, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2025. An indictment for injuring property to obtain non-ferrous metals was sufficient despite the lack of any allegation concerning the value of…
News Roundup – North Carolina Criminal Law
Erik Menendez was denied parole by a panel of California commissioners yesterday. He and his brother Lyle were sentenced to life in prison in 1996 for fatally shooting their parents in the family’s Beverly Hills mansion in 1989. During his…
Annual Report from the North Carolina Judicial College (2024-25) – North Carolina Criminal Law
I am excited to share this year’s annual report from the North Carolina Judicial College. Taking stock of a year’s work can be a meaningful exercise, and I’m proud of what we — and the judicial officials we serve —…
Fourth Circuit Court of Appeals (July 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July of 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here….
News Roundup – North Carolina Criminal Law
President Trump deployed the D.C. National Guard, took control of the Metropolitan Police Department, and reassigned FBI agents from their regular duties to patrol the streets of Washington, D.C. this week. At a press conference on Monday, Trump identified rising…
New Edition of Probation Violations in North Carolina – North Carolina Criminal Law
I’m happy to announce the availability of the Second Edition of Probation Violations in North Carolina. The book is available in the School of Government bookstore, here. Even though the number of people on probation in North Carolina is about…
New Limits on MARs in Noncapital Cases – North Carolina Criminal Law
My colleagues have been blogging about some of the changes to our criminal law wrought by recent legislation. Session Law 2025-70 also amends G.S. 15A-1415, which governs the grounds that a defendant may assert by motion for appropriate relief (MAR),…
N.C. Court of Appeals (August 6, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6, 2025. The State presented sufficient evidence to establish that a hammer was used as a dangerous weapon to support conviction for robbery…
News Roundup – North Carolina Criminal Law
The town of Wendell, NC, recently purchased two drones and associated equipment for $20,000 to support the police department. Officials state the drones will help locate missing or endangered people, find criminal suspects, investigate traffic crashes, and support special operations….
New Judicial College Course Catalog – North Carolina Criminal Law
The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided to judicial branch officials since its founding in 1931. And expand we have! Last year we offered nearly 50…
Summer 2025 Motor Vehicle Law Changes – North Carolina Criminal Law
The legislature enacted a raft of changes this summer to motor vehicle and criminal law. This post examines three session laws that enhanced criminal penalties and revised regulations for motor vehicle offenses and operation. The changes cover broad ground, including…
Notes from Other Jurisdictions – North Carolina Criminal Law
When a person is arrested, a law enforcement officer must take that person before a judicial official without unnecessary delay. Subject to certain statutory exceptions, defendants charged with most noncapital offenses are entitled to pretrial release in accordance with G.S. 15A-534,…
The Impact of Arizona v. Gant on Searches of Hand Luggage Incident to Arrest – North Carolina Criminal Law
Law enforcement officers have long been authorized to search a person incident to the person’s arrest. But the precise scope of that authority has shifted over time. The most recent major case in this area was Arizona v. Gant, 556…
News Roundup – North Carolina Criminal Law
If you thought it was only corner-cutting lawyers and tech-savvy college students that were relying on artificial intelligence to do their work for them, this week may force you to reconsider. Reuters reports here that “[f]ederal judges in Mississippi and…
New Crime of Exposing a Child to Controlled Substances and Other 2025 Drug Law Changes – North Carolina Criminal Law
As regular readers know, the General Assembly passed a slew of statutes affecting our criminal law this summer, including controlled substances law. In S.L. 2025-70 (S.B. 429), the legislature created the new offense of exposing a child to a controlled…
Changes on the Horizon for Misdemeanor Crime of Domestic Violence – North Carolina Criminal Law
Several times a year, I teach different groups about criminal domestic violence laws in North Carolina. Last year, I highlighted the misdemeanor crime of domestic violence (MCDV) under G.S. 14-32.5 in many of the sessions, but there were many unresolved…
New Free Webinar Friday on Recovery Courts and the Role of Defense Counsel – North Carolina Criminal Law
In case you missed it, I wanted to remind folks that the Public Defense Education team here, with support from the Office of Indigent Defense Services, is proud to offer a new webinar, Recovery Courts: An Overview for Defenders. Recovery…
Did the General Assembly Just Remove the “Nighttime” Element of Burglary? – North Carolina Criminal Law
A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite a few changes to the criminal law. It creates new crimes, like a larceny offense specific to gift cards; enhances…
News Roundup – North Carolina Criminal Law
The Alamo announced last week that it’s got Pee-wee’s stolen red bicycle, as foretold in the 1985 film “Pee-wee’s Big Adventure.” But the bike is not in the basement. The AP reports that the iconic bicycle will serve as a…
A New Way to Authenticate Video? State v. Windseth and the Business Records Exception – North Carolina Criminal Law
Special thanks to Sloan Godbey, Summer Law Fellow at UNC SOG, for their significant contributions to this post. In March of last year, I did a thorough review of North Carolina cases addressing the authentication of surveillance video. I created…
COA Shuts Down Second Amendment Challenges to Firearm by Felon – North Carolina Criminal Law
Back in February, the Court of Appeals decided State v. Nanes, COA24-487, ___ N.C. App. ___; 912 S.E.2d 202 (Feb. 19, 2025) (summarized here). The case considered and ultimately rejected facial and as-applied Second Amendment challenges to G.S. 14-415.1, our…
The Evolving Law of Juvenile Jurisdiction – North Carolina Criminal Law
The law that governs which cases begin under juvenile jurisdiction changed three times between 2019 and 2025. Each change applies to offenses beginning on and after the effective date of the legislation and is impacted by subsequent changes. This blog…
N.C. Court of Appeals (July 16, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 2025. A juvenile adjudication was properly deemed substantially similar to an offense that would require registration in North Carolina; the law of…
News Roundup – North Carolina Criminal Law
One of the top stories this week was the announcement by the Department of Justice that they intend to recommend a one-day, time-served sentence for former Louisville, Kentucky police officer, Brett Hankison. Hankinson was tried and convicted in federal court…
DNA Analysis, the Confrontation Clause, and Testimonial Hearsay – North Carolina Criminal Law
My colleague Joe Hyde blogged last week about the Court of Appeals’ determination in State v. Tate, __ N.C. App. ___ (June 18, 2025), that the trial court did not err when it instructed the jury on a theory that…
Fourth Circuit Court of Appeals (June 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June of 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here….
May a Sheriff or a Deputy Enforce a Municipal Ordinance? – North Carolina Criminal Law
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the county sheriff to provide law enforcement services. The sheriff certainly has territorial jurisdiction to enforce state laws within city limits….
News Roundup – North Carolina Criminal Law
Floods have gripped the nation. From Texas, to New Mexico, to here in central North Carolina, severe floods have taken lives and devastated communities. In Texas, floods have killed over 120 people statewide, with over 160 still missing. Due to…
Highlights from the 2024 Sentencing Commission Statistical Report – North Carolina Criminal Law
Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. This year’s report, based on data from Fiscal Year 2024, is available in full here. It is organized by sentencing episodes, defined…
New Report on the Use of Social Workers in NC Public Defender Offices – North Carolina Criminal Law
Last month, the School of Government’s Criminal Justice Innovation Lab released a new report evaluating the implementation of social work positions in North Carolina public defender offices. This report is the culmination of an eighteen-month partnership between the Lab and…
Surplus Theory in State v. Tate. – North Carolina Criminal Law
After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all the elements of a crime. One issue that remains unresolved is the consequence of failure to allege the State’s theory….
What should I look for in a severance package review Ontario?
severance package When you lose your job, receiving a severance package can feel like a silver lining. However, it’s important to understand that not all severance offers are fair or complete. If you’re in Ontario, knowing what you should look…
N.C. Court of Appeals (July 2, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2025. Smell of marijuana justified a warrantless search of the juvenile’s vehicle. In the Matter of: J.B.P., No. COA23-269 (N.C. Ct. App….
State v. Aspiote and Contempt Proceedings Against a Person Who Appears Impaired in Court – North Carolina Criminal Law
In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the trial court erred in holding a defendant in direct criminal contempt for appearing in court to plead guilty with impairing…
Delaying Initial Appearances and Detaining Impaired Drivers – North Carolina Criminal Law
After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S. 15A-501(2). This is for the judicial official—often a magistrate—to conduct an initial appearance. During an initial appearance, magistrates review the…
New Bulletin on Double Jeopardy in North Carolina – North Carolina Criminal Law
A new Administration of Justice Bulletin on Double Jeopardy in North Carolina is now available. I previously posted about double jeopardy here (When is Double Jeopardy a Rule of Evidence?) and here (Kidnapping by Pursuit), and this bulletin expands on…
News Roundup – North Carolina Criminal Law
Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This ESPN story reports that he received a suspended sentence, while “[t]he mother of the [14 year old] victim . ….
Common Character Evidence Questions in Self-Defense Cases – North Carolina Criminal Law
Character evidence is one of the most challenging areas of evidence law to navigate, as Jessie Smith observes here. Jessie’s blog features a useful chart to apply Rules 404 and 405 and also links to the bench book chapter. I…
Findings Required in Delinquency Dispositional Orders – North Carolina Criminal Law
Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that North Carolina appellate courts have repeatedly addressed. This blog explains the requirement for…
N.C. Court of Appeals (June 18, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no…
News Roundup – North Carolina Criminal Law
Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s desk. The deadline for his signature or veto is today. The first bill, SB 153, contains several provisions, one of which would require state law enforcement…
Grand Jurors, Impartiality, and Disqualification – North Carolina Criminal Law
In North Carolina, a person must be indicted by a grand jury or must waive the right to indictment before he or she may prosecuted in superior court for a felony offense. N.C. Const. Art. 1, § 22. The right…
Apply Now! – North Carolina Criminal Law
If you’re working to protect vulnerable adults in your community, you know how important it is to have the right people at the table to provide effective and efficient solutions. That’s why we’re bringing together adult protection multidisciplinary teams (MDTs)…
Fourth Circuit Court of Appeals (May 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Motion…
How Far May Law Enforcement Officers Go in Misleading Suspects During Interrogations? – North Carolina Criminal Law
Law enforcement officers may mislead suspects during questioning. For example, an officer may falsely tell a suspect that an accomplice has confessed, or may falsely state that incriminating physical evidence has been found. Courts generally permit such deception, reasoning that…
News Roundup – North Carolina Criminal Law
The Trump administration sued the state of New York on Thursday over a law that blocks immigration officials from arresting people at New York courthouses, saying it purposely shields dangerous criminals. New York’s 2020 Protect Our Courts Act bans federal immigration…
An Update on Twenty-Five Year Reviews of Life Sentences – North Carolina Criminal Law
Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed between October 1, 1994, and November 30, 1998, are entitled to a judicial review of their…
New Statewide Report with Recommendations to Improve Court Appearance Issues – North Carolina Criminal Law
In May, the North Carolina Statewide Court Appearance Project Committee released their Final Report with recommendations to promote court appearance and provide alternative responses to missed appearances. The Committee included representatives from the court system, law enforcement, and local criminal…
Improper Argument in State v. Meadows – North Carolina Criminal Law
The defendant in State v. Meadows, No. COA24-149 (N.C. Ct. App. May 7, 2025), was convicted of murder based on evidence that he and two other men broke into the victim’s home and shot the victim to death. Despite evidence…
N.C. Court of Appeals (June 4, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no…
News Roundup – North Carolina Criminal Law
Multiple acts of mass violence plagued the country this week. In Boulder, Colorado on Sunday, a man attacked a group of people demonstrating on behalf of Israeli hostages held by Hamas with a “makeshift flamethrower” and Molotov cocktails, resulting in…
State v. Chambers and the Substitution and Discharging of Alternate Jurors Pursuant to G.S. 15A-1215(a) – North Carolina Criminal Law
Criminal law practitioners may recall that in 2021 the General Assembly amended G.S. 15A-1215(a) to permit the substitution of an alternate juror after deliberations have begun in a criminal trial. S.L. 2021-94. When those changes became effective for jurors selected…
Drugs and Alcohol – North Carolina Criminal Law
Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture in North Carolina. It will cover the different circumstances in which law enforcement may seize vehicles and judges may order…
Surrender, Return, and Disposal of Firearms in Civil Domestic Violence Cases – North Carolina Criminal Law
North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be ordered to surrender to the sheriff “all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed…
Police Officers, Correctional Officers, and Related Professionals Should Know That CBD Use May Result in Loss of Certification
If you’re a police officer, a correctional officer, a probation/parole officer, a juvenile court counselor, or a juvenile justice officer, there’s something you need to know: using CBD products, even legal ones, may cost you your career. You are subject…
News Roundup – North Carolina Criminal Law
The top story this week is that Olympic gold medalist Mary Lou Retton has been charged with DUI, per this story from the UPI and AP. Retton, 57, became the first American woman to win the all-around gymnastics title at…
N.C. Supreme Court (May 23, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on May 23, 2025. Jury instruction on various alternative acts that could establish a single sexual offense was sufficiently clear to provide adequate constitutional certainty as…
New Research on Juvenile Interventions and Reoffending – North Carolina Criminal Law
I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services impact reoffending among justice-involved youth. The webinar focused on the second brief (Impacts on Long-Term Youth Reoffending) from the Youth…
N.C. Court of Appeals (May 21, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 21, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two dozen police departments accused of civil rights violations. These include departments in Memphis, TN, Pheonix, AZ, Oklahoma City, OK, Trenton, NJ, Mount Vernon, NY, and…
A Persistent Ethical Dilemma – North Carolina Criminal Law
Suppose you are a defender representing a client charged with Possession of Firearm by Felon. You receive a plea offer in the case, along with the AOC-CR-600B, the “Worksheet” regularly used for calculating the Prior Record Level (PRL) before sentencing….
What Does it Mean for a Criminal Case if the Defendant is Legally Incompetent and Has a Court-Appointed Guardian? – North Carolina Criminal Law
Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak and to perform simple tasks; however, he cannot manage important matters like his medical care and finances. Derek’s mom, Greta,…
Fourth Circuit Court of Appeals (April 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during April 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. No…
News Roundup – North Carolina Criminal Law
New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose deaths in the U.S. declined significantly in 2024 as compared to 2023, reaching their lowest levels since 2019. Experts from the CDC state that increased…
Immigration Detainers – North Carolina Criminal Law
An immigration detainer is one of the key tools that Immigration and Customs Enforcement (ICE) uses to apprehend individuals who come in contact with local and state law enforcement agencies. Sometimes, after a defendant has been arrested for a crime,…
Evidence of Gang Affiliation in State v. Ervin – North Carolina Criminal Law
A defendant who claims self-defense is generally permitted to offer evidence of the victim’s prior violent conduct if known to the defendant at the time defensive force was used. Such evidence is relevant to the reasonableness of the defendant’s belief…
N.C. Court of Appeals (May 7, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 7, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns beachgoers when a shark has bitten someone in the vicinity. The system will issue a public notice to cellphones along the Alabama coast when there’s…
Double-Secret Post-Release Supervision – North Carolina Criminal Law
Post-release supervision has been mandatory for all felonies since 2011. But rarely if ever does anyone mention it when advising a defendant about a waiver of counsel or the consequences of a guilty plea. It’s not clearly statutorily required to…
When is Driving While License Revoked a Grossly Aggravating Factor? – North Carolina Criminal Law
There are six sentencing levels for Driving While Impaired (DWI) convictions. A defendant is only exposed to the three most severe levels (A1, 1, and 2) if a judge or jury finds the existence of one or more “grossly aggravating…
The Use of Minors as Confidential Informants – North Carolina Criminal Law
Serving as a confidential informant can be dangerous, whether the informant is an adult or underage. As to minors working as informants, the International Association of Chiefs of Police recounts a cautionary tale: In 1998, police in California arrested [17-year-old…
News Roundup – North Carolina Criminal Law
The top national story this week is that the Supreme Court just heard oral argument in a case involving a shocking error by law enforcement. In 2017, an FBI SWAT team smashed its way into an Atlanta home and discharged…
Procedures for Criminal Bench Trials in Superior Court – North Carolina Criminal Law
The North Carolina Constitution historically mandated trial by jury in all criminal cases in superior court. See N.C. Const. Art. I, Section 24 (2014) (“No person shall be convicted of any crime but by the unanimous verdict of a jury…
May an Undercover Officer Engage in Sexual Activity with a Suspected Prostitute? – North Carolina Criminal Law
I read a news article some time ago about officers who investigate suspected prostitutes by going undercover and purchasing their services. The article noted that this practice is controversial. Some agencies apparently don’t allow it, deeming it unnecessary and dehumanizing;…
News Roundup – North Carolina Criminal Law
The top story this week is that country music star Jelly Roll has been recommended for a pardon by a Tennessee parole board. NBC has the story, as well as ABC and the AP. The singer, whose legal name is…
Authentication of Digital Communications Chart – North Carolina Criminal Law
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in several blogs: How Can a Party Show Authorship of a Social Media Post or Other Electronic Communication?, Authenticating Photographs Obtained…
Juveniles and Vehicle Seizure Under G.S. 20-28.3 – North Carolina Criminal Law
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to original juvenile jurisdiction, the answer is no….
N.C. Court of Appeals (April 16, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
Updated Chapters in Superior Court Judges’ Benchbook – North Carolina Criminal Law
Three chapters in the criminal law section of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Joinder and Severance, which addresses the joinder and severance of both offenses and defendants for trial, including the factors used…
Fourth Circuit Court of Appeals (March 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Knock…
Supreme Court Upholds ATF Regulation Defining Gun “Parts Kits” as Firearms – North Carolina Criminal Law
A couple of weeks ago, the Supreme Court decided Bondi v. VanDerStok, 604 U.S. __ (2025). It is an administrative law case, not a Second Amendment case, but folks interested in firearms law will still want to know about it….
Can I consult an employment lawyer remotely?
consult an employment lawyer remotely In today’s fast-paced world, convenience and accessibility are key when it comes to legal consultations. Many people may find themselves asking, “Can I consult an employment lawyer remotely?” The answer is yes—consulting an employment lawyer…
News Roundup – North Carolina Criminal Law
A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster under the bed. Seeking to assuage the child’s fear, the babysitter checked under the bed only to find a man…
Good . . . ‘Cause – North Carolina Criminal Law
This post is about the recurring issue of the requirement for a court to make findings of “good cause shown and stated” to preserve its jurisdiction to act on an alleged probation violation after the case has expired. The appellate…
Preservation Reservations in State v. Bell – North Carolina Criminal Law
The defendant in State v. Bell, No. 86A02-2 (N.C. March 21, 2025), failed to object to gender-based discrimination during jury selection. Accordingly, the North Carolina Supreme Court concluded that the “defendant’s J.E.B. claim was not preserved for appellate review.” Slip…
N.C. Court of Appeals (April 2, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
On Wednesday, the Michigan Supreme Court held in a 5-1 opinion that the odor of marijuana alone isn’t a sufficient reason for police to conduct a warrantless search of a car. In 2018, the possession and use of small amounts…
NCSC project: Preserving the Future of Juries & Jury Trials – North Carolina Criminal Law
The National Center for State Courts (NCSC) recently published a report addressing “unprecedented challenges” facing juries and jury trials. The report opined that these challenges include both affirmative attacks on juries and jury trials due to unpopular verdicts as well…
More on Units of Prosecution – North Carolina Criminal Law
It has long been held that the allowable unit of prosecution for an offense is within the discretion of the legislature. See, e.g., Bell v. United States, 349 U.S. 81 (1955). When the legislature does not clearly express legislative intent, the court must determine the…
Court Clarifies Unit of Prosecution for Hit and Run – North Carolina Criminal Law
Earlier last month, the Court of Appeals decided State v. Watlington, COA23-1106, ___ N.C. App. ___ (2025). Among other issues, in its decision the Court addressed an open question: what is the unit of prosecution for a hit and run?…
News Roundup – North Carolina Criminal Law
On Wednesday, the U.S. Supreme Court upheld a federal regulation requiring, among other things, that those who make or sell “ghost guns” or “gun kits” must mark their products with serial numbers, keep records of their sales, and conduct background…
New Bulletin on Social Workers in Public Defender Offices and Issues Involving Mandatory Reporting – North Carolina Criminal Law
Increasingly, public defender offices are bringing social workers in-house. As part of a growing interest in holistic defense, these offices are relying on social workers to assist with the representation of their clients in a variety of ways. Social workers…
Returning Juveniles with Pending Delinquency Matters in Other States Under the Interstate Compact for Juveniles – North Carolina Criminal Law
The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of juveniles who are involved in the juvenile justice system. One of the purposes of the ICJ is to “[r]eturn juveniles…
N.C. Supreme Court (Mar. 21, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 21, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
Help Support the SOG – North Carolina Criminal Law
Today is GiveUNC day, the university’s annual one-day fundraising event for alumni, faculty, staff, supporters, and fans of Carolina to contribute to UNC programs and causes that they find most meaningful and impactful. UNC Chapel Hill is truly a unique…
N.C. Court of Appeals (March 19, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 19, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
Hundreds of Venezuelan immigrants were summarily deported from the United States to a prison in El Salvador last weekend. Federal authorities relied on President Trump’s executive order invoking the Alien Enemies Act of 1798 in removing the immigrants without due…
When May a Trial Judge Reject a Plea Entered Pursuant to a Plea Agreement? – North Carolina Criminal Law
A trial judge has broad discretion regarding whether to accept a defendant’s guilty plea entered pursuant to a plea agreement in which the prosecutor has agreed to recommend a particular sentence. G.S. 15A-1023(b). In that circumstance, the judge must advise…
What is the benefit of workplace discrimination legal advice Ontario?
benefit of workplace discrimination legal advice Ontario Workplace discrimination legal advice Ontario provides employees with essential guidance to protect their rights and seek justice in cases of workplace discrimination. Many employees experience unfair treatment based on race, gender, age, disability,…
Spring 2025 Cannabis Update – North Carolina Criminal Law
I have been covering developments around the legalization of hemp in North Carolina since 2018. Never did I suspect then that I would still be working on the topic all this time later, but here we are. My last post…
Fourth Circuit Court of Appeals (Feb. 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Misrepresentations…
When Can the Police Seize a Cell Phone Incident to Arrest, and How Long Can They Keep It? – North Carolina Criminal Law
Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident to arrest, but allows for the possibility that the phone itself may be seized incident to arrest. This post addresses…
News Roundup – North Carolina Criminal Law
The news story that captured my attention this week is not exactly, or not entirely, a criminal law story. Mahmoud Khalil, who helped lead pro-Palestinian protests at Columbia University, was arrested this week by ICE agents at the university-owned apartment…
The End of the Super-Contingent Sentence – North Carolina Criminal Law
Under G.S. 15A-1346(b), a sentencing court has the authority to order a probationary sentence to run consecutively to an undischarged term of imprisonment. Probation officers refer to that as a “contingent” sentence, because for them, it is—the start of the…
When is Double Jeopardy a Rule of Evidence? – North Carolina Criminal Law
The defendant in State v. Greenfield, No. COA23-597 (N.C. Ct. App. Feb. 19, 2025), argued the trial court erred by admitting evidence and allowing argument about an attempted armed robbery charge for which he had previously been acquitted. The Court…
N.C. Court of Appeals (March 5, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
A man is scheduled to be executed by firing squad this evening, which would be the first firing squad execution in the United States in the last 15 years. On Wednesday, Brad Sigmon’s final appeal to the South Carolina Supreme…
State v. Fearns Finds Second Judge Lacked Authority to Enter Order When Hearing Was Held by First Judge – North Carolina Criminal Law
A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another judge is unable to complete. Yesterday, the court of appeals decided a case in this area, determining in State v….
Temporary Release Pending Trial – North Carolina Criminal Law
In previous posts, I’ve addressed the expedited scheduling requirements and opportunities for permanent release of motor vehicles seized pursuant to G.S. 20-28.3. Today, I’ll address the ways a motor vehicle may be released temporarily pending trial or final disposition of…
Machine-Generated Data, Lab Tests, and the Confrontation Clause – North Carolina Criminal Law
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution limits the use of testimonial hearsay statements by an unavailable witness at a criminal trial, as does its state counterpart in Article I, Sec. 23 of the North Carolina…
News Roundup – North Carolina Criminal Law
We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many times before on the blog (most recently here). Glossip has been on death row in Oklahoma since his 1998 conviction for allegedly orchestrating the brutal…
Can Law Enforcement Review Ankle Monitor Location Data Without a Warrant? – North Carolina Criminal Law
Last September, the Court of Appeals decided State v. Thomas, No. COA23-210, __ N.C. App. __ (2024), a case involving law enforcement’s retrieval of ankle monitor location data gathered while the defendant was on post-release supervision. This is the first…
Court Forms and Forensic Evaluators – North Carolina Criminal Law
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures for addressing juvenile capacity to proceed. The new statutes can be found in G.S. 7B-2401-2401.5. You can find blogs about…
N.C. Court of Appeals (Feb. 19, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 19, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
What type of clients do work harassment lawyers typically represent?
clients do work harassment lawyers Workplace harassment is a significant issue that affects many employees across different industries. As a result, work harassment lawyers play a vital role in advocating for the rights of those who experience harassment at work….
News Roundup – North Carolina Criminal Law
Seven men are charged with stealing millions from the homes of six professional athletes across the country, as reported by NPR. Court documents do not identify the victims by name, but the details are consistent with reported burglaries at the…
What happens when the original judge is no longer available? – North Carolina Criminal Law
Questions sometimes arise in criminal cases about whether a new judge may pick up duties initially undertaken by another judge who is no longer available. Consider the following scenarios. Trial begins with Judge A presiding. Judge A falls ill on…
Fourth Circuit Court of Appeals (Jan. 2025) – North Carolina Criminal Law
This post summarizes published criminal law cases released by the Fourth Circuit Court of Appeals during January 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Defendant abandoned his…
Children and Consent Searches – North Carolina Criminal Law
Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize how little I knew about children’s authority to consent to…
News Roundup – North Carolina Criminal Law
After a two-week evidentiary hearing last February, and closing arguments delivered in August, Superior Court Judge Wayland Sermons Jr. issued a 120-page order concluding that racism significantly affected the 2009 Johnston County trial of Hasson Bacote that resulted in the…
Jail Credit During a Pending Post-Release Supervision Violation – North Carolina Criminal Law
There are about 10,000 people on post-release supervision (PRS) in North Carolina. Some of them get charged with a new crime. That new charge usually prompts the issuance of a PRS warrant. And when a person is arrested on one…
Congratulations to Newly Certified Magistrates – North Carolina Criminal Law
For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with professionalism, continually staying updated on the ever-evolving civil and criminal laws. Teaching magistrates is a very fulfilling part of my…
New Bulletin on Aggregation under G.S. 15A-1340.16F – North Carolina Criminal Law
A new Administration of Justice Bulletin on Aggregation of Financial Crimes is now available. I previously posted about this topic here, and the bulletin expands on the issue, seeking to place G.S. 15A-1340.16F within the context of other sentence enhancement…
N.C. Court of Appeals (Feb. 5, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 5, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi previously served as Attorney General of Florida. The Senate voted 54 – 46, with all Republicans plus John Fetterman of…
U.S. Supreme Court (Jan. 21, 2025) – North Carolina Criminal Law
This post summarizes a criminal law decision published by the U.S. Supreme Court on Jan. 21, 2025. Due process protection against highly prejudicial and irrelevant evidence was clearly established; denial of habeas petition reversed Andrew v. White, 604 U.S. ___;…
Pretrial Release of Seized Motor Vehicles – North Carolina Criminal Law
In every case where a person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1), the motor vehicle driven is subject to seizure and forfeiture. This is also true in DWI cases where, at the…
N.C. Supreme Court (Jan. 31, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on January 31, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
Framed – North Carolina Criminal Law
I’ve enjoyed quite a few books by John Grisham. I liked some of his early fiction a great deal. His more recent novels have been hit or miss for me. This Christmas, I received a copy of Framed, a new…
News Roundup – North Carolina Criminal Law
The lead story this week is the sentencing of former U.S. senator Bob Menendez on Wednesday to 11 years in prison, per this report from the Washington Post. Menendez, 71, a longtime New Jersey lawmaker, was convicted last year in…
Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams – North Carolina Criminal Law
The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or motor vehicle to respond to an intruder with deadly force. State v. Phillips, 386 N.C. 513, 527 (2024). Two recent…
Public Records and Minors Arrested Under Criminal Jurisdiction – North Carolina Criminal Law
Does the law that makes personally identifiable arrest information a public record apply to the arrest of a person who is 16-or 17-years-old and charged with a Class A – E felony? This is the most common question I have…
How We Compare to Spain – North Carolina Criminal Law
I recently had the opportunity to travel to Spain, where I networked with academic colleagues, gave a talk about American policing, and did some research. One thing I wanted to learn more about was how law enforcement officers in Spain…
News Roundup – North Carolina Criminal Law
As one of his first acts as in office, President Trump issued sweeping pardons and commutations for the people convicted of crimes stemming from their involvement in the January 6, 2021, riot at the U.S. Capitol. Most of the defendants…
Can Severance Pay Be Part of a Legal Settlement?
Severance Pay Be Part of a Legal Settlement Severance pay is a form of severance package or termination compensation that companies may offer to their employees upon being laid off from a job. This severance package may include a lump…
What Is It and When Must It Be Disclosed to the Defense? – North Carolina Criminal Law
I recently completed a series of posts on issues surrounding confidential informants (“CI’s”), discovery, and motions to reveal the CI’s identity. In this “bonus” post, I will discuss a related question: what is the “CI file” and when must the…
N.C. Court of Appeals (Jan. 15, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 15, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
Fourth Circuit Court of Appeals (December 2024) – North Carolina Criminal Law
This post summarizes published criminal law cases released by the Fourth Circuit Court of Appeals during December 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Officer reasonably believed…
Can a Barrister Handle Complex Financial Issues in Divorce?
Barrister Handle Complex Financial Issues in Divorce Many clients seek legal advice in divorce believing that their case will be relatively simple and will settle quickly. While in some cases this is true, more often than not the issues surrounding…
News Roundup – North Carolina Criminal Law
This morning, President Biden announced that he will commute the sentences of nearly 2,500 inmates serving long prison terms for nonviolent drug offenses. The commutations are for offenders who received harsher sentences for drug crimes than they would have under…
Justice Riggs, Seat 6, and Holdover Status – North Carolina Criminal Law
In September 2023, then-Governor Roy Cooper appointed Allison Riggs to fill a vacancy on the North Carolina Supreme Court created by the retirement of Associate Justice Michael Morgan. As an appointee, Associate Justice Riggs was eligible to hold the seat…
2025 Expunction Guide Available for Free! – North Carolina Criminal Law
With a teaser like that, who could resist reading more? The 2025 edition of my online guide to expunctions is now available on the School of Government’s website at https://www.sog.unc.edu/resources/microsites/relief-criminal-conviction/. It is a free resource on expunctions and other forms…
Unilateral Conspiracy and Money Laundering – North Carolina Criminal Law
North Carolina is a bilateral conspiracy jurisdiction. Defining conspiracy as a combination of two or more persons to do an unlawful thing means that if the only other participant is an undercover officer or an informant – that is, one…
Criminal Series of the Clerks’ Manual Now Available – North Carolina Criminal Law
I am pleased to announce that the updated chapters in the Criminal Series of the Clerks’ Manual are now available. The North Carolina Clerk of Superior Court Manual Series is a web-based collection of reference manuals for clerks of superior…
State v. Burris and Blood Draws from Unconscious DWI Suspects – North Carolina Criminal Law
Four years after a plurality of the United States Supreme Court in Mitchell v. Wisconsin, 588 U.S. ___, 139 S. Ct. 2525 (2019), announced a State-favorable exigency rule for withdrawing blood from a suspected impaired driver who is unconscious, the…
News Roundup – North Carolina Criminal Law
According to WRAL and other sources, seven homes and one business have been damaged in six fires in Durham since July 2. The homes are all in the same area of town and were vacant at the time. Authorities believe…
Fourth Circuit Court of Appeals (June 2023) – North Carolina Criminal Law
This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals released in June 2023. Cases that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit summaries are available here. No…
Illinois Supreme Court Upholds Legislative Abolition of Cash Bail – North Carolina Criminal Law
On my drive home yesterday, I heard a news story on the radio. The report indicated that the Illinois Supreme Court had just upheld a law completely eliminating financial conditions of release in the Prairie State – apparently making it…
News Roundup – North Carolina Criminal Law
In the waning weeks of his four-year term, President Biden announced commutations of 37 of 40 federal death sentences. With the exception of three individuals convicted of crimes involving “terrorism” or “hate-motivated mass murder,” Biden decided that the remaining federal…
N.C. Court of Appeals (July 18, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 18, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
The Adolescent Brain and Mens Rea – North Carolina Criminal Law
Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond a reasonable doubt, including that the required criminal state of…
Updated Chapters in Superior Court Judges’ Benchbook – North Carolina Criminal Law
I’m writing this week to let readers know that several chapters in the criminal law section of the Superior Court Judges’ Benchbook, a resource created and formerly edited by my colleague Jessica Smith, have been updated. The chapters are written…
Calendaring Offenses Involving Seized Motor Vehicles – North Carolina Criminal Law
Law enforcement has authority to seize a person’s motor vehicle in several circumstances. Motor vehicles may be seized as evidence of a crime or for containing evidence of a crime, or as a consequence of being charged with certain offenses,…
News Roundup – North Carolina Criminal Law
Hunter Biden has been the focus of journalistic, criminal, and political investigations for years as a result of questionable overseas business dealings and other alleged misconduct. Earlier this week, he apparently planned to put an end to his legal limbo…
N.C. Court of Appeals (Dec. 31, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 31, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
Officer Discretion and Failure to Discharge Duties under G.S. 14-230 – North Carolina Criminal Law
Law enforcement officers can’t cite every jaywalker, stop every speeder, and arrest every underage drinker, nor would most people want them to do so. Wisely exercising discretion is an important part of an officer’s work. At the same time, North…
2025 Video Sweepstakes Update – North Carolina Criminal Law
On New Year’s Eve, the North Carolina Court of Appeals issued an opinion in No Limit Games, LLC v. Sheriff of Robeson County, __ N.C. App. __, __ S.E.2d __, 2024 WL 5250431 (Dec. 31, 2024). The case represents the…
N.C. Court of Appeals (August 1, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 1, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
On Tuesday, former President Donald Trump was indicted for a third time. Trump previously was indicted in New York state court for allegations that he paid hush-money to an adult firm star days before the 2016 presidential election. The second…
Reimaging Police Crisis Response – North Carolina Criminal Law
On August 22, 2023, from 11:00 am to 12:00 pm EST, the UNC School of Government Criminal Justice Innovation Lab (the Lab) will host a FREE webinar, Reimagining Police Crisis Response. In many communities, law enforcement officers are first responders…
trespassing in space and time – North Carolina Criminal Law
I recently participated in a webinar with my colleagues Chris McLaughlin and Kirk Boone about the right of tax appraisers to enter private property. The webinar is available for purchase here. Professor McLaughlin has blogged about the issue before, and…
Recent Legislation Outlaws Street Takeovers – North Carolina Criminal Law
Last month the General Assembly enacted new G.S. 20-141.10 criminalizing so-called street takeovers. S.L. 2023-97. A street takeover occurs when a person blocks or impedes traffic on a highway, street, or public vehicular area with a motor vehicle in order…
Fourth Circuit Court of Appeals (July 2023) – North Carolina Criminal Law
This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals released in July 2023. Cases that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit summaries are available here. Rule…
Speech Integral to Criminal Conduct – North Carolina Criminal Law
The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to violence, obscenity, and fighting words are among the categories of speech falling outside the protections of the First Amendment (although…
N.C. Court of Appeals (August 15, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 15, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County grand jury returned a 41-count indictment charging Trump and 18 others with a conspiracy to unlawfully change the outcome of the 2020 presidential election. The…
Juvenile Code Does Not Authorize Transfer Based on Consent – North Carolina Criminal Law
One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is whether transfer can be ordered based on consent of the…
North Carolina’s new Pretrial Integrity Act – North Carolina Criminal Law
As a general rule, most defendants are entitled to have conditions of pretrial release set without unnecessary delay, and this typically happens at the initial appearance before a magistrate. G.S. 15A-511; -534. There is a carve out for capital defendants—only…
News Roundup – North Carolina Criminal Law
Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to be booked on criminal charges related to his alleged efforts to interfere with and overturn the results of the 2020 presidential election. President Trump was…
Removing State Criminal Charges to Federal Court – North Carolina Criminal Law
Every law student learns that state civil cases may be “removed” to federal court under certain conditions – usually when the case presents a question of federal law, or the parties are residents of different states. See 28 U.S.C. §…
News Roundup – North Carolina Criminal Law
I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led to the death of Professor Zijie Yan. Reports of shots fired led to an hours-long lockdown on the campus and…
Legislature Tweaks Jurisdictional Rules for District and Superior Courts – North Carolina Criminal Law
A few weeks ago, I wrote about one part of S.L. 2023-97 (S 91), which prohibited street takeovers. This post covers other provisions of that session law, which change the jurisdictional rules for district and superior court, albeit in limited…
N.C. Supreme Court (Sept. 1, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on September 1, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
N.C. Court of Appeals (Sept. 5, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 5, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
A convicted murderer remains on the lam in the suburbs of Philadelphia following his escape from jail last week. The AP reports that the man was serving a life sentence for killing his former romantic partner when he climbed over…
Why Must There Be Probable Cause That the Triggering Condition Will Happen? – North Carolina Criminal Law
In preparation for some upcoming teaching, I’ve been brushing up on anticipatory search warrants. Such warrants authorize a search, but only once a “triggering condition” takes place. The most common scenario involves the controlled delivery of drugs that have been…
Case Summary — State v. Richardson, No. 272A14 (N.C. Sept. 1, 2023). – North Carolina Criminal Law
Presented with an appalling set of facts, the North Carolina Supreme Court unanimously upheld the defendant’s convictions for murder, kidnapping, sex offense, and felony child abuse. The majority affirmed a sentence of death. Justice Berger’s concurring opinion, addressing only a…
More on the New Pretrial Integrity Act – North Carolina Criminal Law
Last month, my colleague Jeanette Pitts blogged about the new Pretrial Integrity Act enacted under S.L. 2023-75 (H 813). Since the bill was passed, I have gotten a few questions about potential issues that might arise once it goes into…
State v. Calderon Refines Analysis of When Acts Support Multiple Counts of Indecent Liberties – North Carolina Criminal Law
A recent court of appeals case, State v. Calderon, ___ N.C. App. ___ (2023), sets forth a new test for determining whether multiple acts of touching a child during a single encounter can support multiple counts of indecent liberties. The…
News Roundup – North Carolina Criminal Law
A convicted murderer who escaped from prison in Pennsylvania and remained on the loose for two weeks was captured this week. According to the AP, “a plane fitted with a thermal imaging camera picked up Danelo Souza Cavalcante’s heat signal,…
N.C. Court of Appeals (Sept. 12, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 12, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
Fourth Circuit Court of Appeals (Aug. 2023) – North Carolina Criminal Law
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during August 2023. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Vindictive sentencing…
N.C. Court of Appeals (Sept. 19, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 19, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to…
News Roundup – North Carolina Criminal Law
On Monday, Illinois became the first state to eliminate cash bail. A provision of the state’s criminal justice reform law was supposed to eliminate the use of cash bail across the state on January 1, but was put on hold…
Transfer and Mental Health Evaluations – North Carolina Criminal Law
Session Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part series of blogs detailing those changes. It covers the changes to the laws that govern transfer of cases to superior…
2023 Appropriations Act Enacts Significant Court-Related Changes – North Carolina Criminal Law
Several provisions of the 2023 Appropriations Act (H 259) ratified by the General Assembly last week (which is expected to become law on October 3 without the Governor’s signature) affect the judiciary. The biggest news item for judges may be…