Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. The summaries for this legislative session are now available and can be accessed here. Each summary provides a brief description of the act in question along with a link to the […]
News Roundup – North Carolina Criminal Law
The Supreme Court announced on Monday its adoption of a Code of Conduct setting out the ethics rules and principles that guide the justices. In a statement accompanying the rules, the Court stated that for the most part, the provisions were not new as the Court historically has been governed by “common law ethics rules” […]
New Online Court Appearance Toolbox – North Carolina Criminal Law
Looking to solve court appearance issues in your jurisdiction? Find tools that work for you with the Court Appearance Toolbox! This new, online resource from the UNC School of Government Criminal Justice Innovation Lab has off-the-shelf tools to promote court appearance and improve responses to missed appearances. You’ll find implementation guides, videos, templates, fact sheets, […]
Fourth Circuit Court of Appeals (Oct. 2023) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during October 2023. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Trial delays primarily attributable to COVID-19 pandemic did not violate defendant’s statutory or constitutional speedy trial […]
New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil – North Carolina Criminal Law
My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned changes to the mandatory drug trafficking fines for certain drugs there, but I wanted to follow up on that point with the details. The new law, with new fines for certain controlled substances, takes effect […]
When Returning a Driver’s License and Registration Doesn’t Terminate a Stop – North Carolina Criminal Law
Consider a fact pattern that takes place every day, all across the country: a police officer stops a motorist for a traffic infraction, runs the motorist’s license through a computer database and finds nothing exceptional, and returns the driver’s license and registration, perhaps along with a warning or a citation. The officer then asks the […]
New Law Authorizing Public Release of Juvenile Information in Limited Circumstances – North Carolina Criminal Law
One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public inspection. This includes juvenile court records (G.S. 7B-3000(b)); all law enforcement records and files concerning juveniles, unless jurisdiction has been transferred to superior court (G.S. 7B-3001(b)); and all records and files maintained by the Division […]
N.C. Court of Appeals (Nov. 21, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 21, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Probation violation report contained sufficient allegations to prepare defendant for possible revocation at […]
News Roundup – North Carolina Criminal Law
A Wisconsin official who posted a photo of his marked ballot on Facebook during the April 2022 election had felony charges against him dropped Monday. Paul Buzzell, a member of a local school board, faced maximum penalties of 3.5 years behind bars and $10,000 in fines and would have been barred from holding elected office if convicted. […]