New Pattern Jury Instructions Available Along with Updated Online Library – North Carolina Criminal Law
admin Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor…
Legal Law
News Roundup – North Carolina Criminal Law
Most of the news I’ve gathered this week is from right here in North Carolina, but I’ll start…
Court of Appeals Rules That Consent to Search Backpack, Given after Repeated Requests, Was Not Voluntary – North Carolina Criminal Law
Last month, the Court of Appeals ruled that police coerced a suspect into agreeing to let them search…
Substitute Analyst Testimony and Smith v. Arizona – North Carolina Criminal Law
I mentioned in a recent News Roundup that the U.S. Supreme Court granted review in Smith v. Arizona.…
Fourth Circuit Court of Appeals (Sept. 2023) – North Carolina Criminal Law
This post summarizes a published Fourth Amendment decision released by the Fourth Circuit Court of Appeals during September…
N.C. Court of Appeals (Oct. 17, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 17,…
News Roundup – North Carolina Criminal Law
The Colorado Supreme Court upheld the search of Google users’ keyword history to identify suspects in a 2020…
Does Consent to Search a Home Include Consent to Search Phones and Computers Located Inside? – North Carolina Criminal Law
Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone…
Statutory Changes Related to Juvenile Interrogation and Secure Custody Orders – North Carolina Criminal Law
This post covers recent statutory changes related to the custodial interrogation of youth who are 16 and 17…
N.C. Supreme Court (Oct. 20, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20,…
State v. McKoy and Opening the Door – North Carolina Criminal Law
Suppose the defendant is on trial for murder. He argues he shot the victim in self-defense. The State…
General Assembly Appoints Seven New Special Superior Court Judges – North Carolina Criminal Law
A few weeks ago I wrote about provisions of the 2023 Appropriations Act that affect the judiciary. Among…
Can I Take a Look at Your Phone? – North Carolina Criminal Law
Inquisitive police officers regularly ask suspects questions like “Can I take a look at your phone?” or “Can…
Probation Violations and the Pretrial Integrity Act – North Carolina Criminal Law
The Pretrial Integrity Act has been in effect for one month now and has generated several questions about…
News Roundup – North Carolina Criminal Law
A group in Massachusetts is working to clear the names of people accused of witchcraft, according to this…
A Closer Look at the New Misdemeanor DV Crime and the 48-Hour Rule – North Carolina Criminal Law
I previously blogged about the new misdemeanor crime of domestic violence, which will take effect on December 1,…
Fourth Circuit Court of Appeals (June 2024) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
Welcome, Belal Elrahal! – North Carolina Criminal Law
I am pleased to announce that Belal Elrahal joined our faculty earlier this month. Belal is working in…
News Roundup – North Carolina Criminal Law
The lead criminal law story this week relates to the Illinois deputy charged in connection with the fatal…
New Law Regarding Pornography on Government Networks and Devices – North Carolina Criminal Law
North Carolina will soon have a new law, effective October 1, 2024, that prohibits local governments, state agencies,…
2024 Changes to Laws Governing Limited Driving Privileges and Requiring Ignition Interlock – North Carolina Criminal Law
In July, the General Assembly enacted S.L. 2024-43 (H 25), legislation that makes three significant changes to the…
News Roundup – North Carolina Criminal Law
Stops are down but traffic fatalities are up. According to this article from The New York Times, local…
An Inconvenient Cop – North Carolina Criminal Law
An Inconvenient Cop is a book authored by long-time NYPD officer and whistleblower Edwin Raymond along with professional…
Legislative Amendments to Larceny Laws – North Carolina Criminal Law
Sticky-fingered Sam goes to the local shoe store to purchase a new pair of shoes. The last pair…
New Dashboard Metric Shows How North Carolina Criminal Charges Get Disposed – North Carolina Criminal Law
We recently added 2022 and 2023 Automated Criminal Infractions System (ACIS) court records data to our Measuring Justice…
N.C. Court of Appeals (Aug. 6, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6,…
News Roundup – North Carolina Criminal Law
Last week, the Department of Defense announced that 9/11 mastermind Khalid Shaikh Mohammad and two co-defendants had reached…
Is Santa a Criminal? – North Carolina Criminal Law
Around this time of year, many Americans begin to think about Santa. Will he visit? What will he…
N.C. Court of Appeals (Dec. 17, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 17,…
N.C. Court of Appeals (Dec. 17, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 17,…
Local Government Authority and the Constitutionality of Laws Against Camping or Sleeping in Public – North Carolina Criminal Law
According to the Department of Housing and Urban Development, well over half a million people are unhoused on…
Can a workplace harassment lawyer help with harassment from a third party?
workplace harassment lawyer help with harassment from a third party While most workplace harassment occurs by a supervisor…
N.C. Supreme Court (Dec. 13, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 13,…
Improper Argument in State v. Anderson – North Carolina Criminal Law
Evidence of prior bad acts is admissible unless the only reason for introducing the evidence is to show…
Fourth Circuit Court of Appeals (Nov. 14, 20, & 26, 2024 – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
Smith v. Arizona and Retroactivity – North Carolina Criminal Law
My colleagues have covered the retroactivity rules many times before on the blog but the analysis for determining…
Legislative Amendment to the Affirmative Defense against Some Local Ordinance Violations – North Carolina Criminal Law
Following the Senate, the North Carolina House of Representatives voted to override Governor Cooper’s veto on Session Law…
News Roundup – North Carolina Criminal Law
Local news became national news this week when a man serving life imprisonment for the murder of a…
Fourth Circuit Court of Appeals (July 2024) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
Court of Appeals Holds Sight or Odor of Cannabis = Probable Cause – North Carolina Criminal Law
Author’s Note: The Court of Appeals withdrew the decision on which this post is based on August 30,…
N.C. Court of Appeals (Aug. 20, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20,…
News Roundup – North Carolina Criminal Law
Verizon Wireless is facing a lawsuit after a man claiming to be a detective with the Cary Police…
News Roundup – North Carolina Criminal Law
The top story this week is the arrest on Monday of Luigi Mangione, 26, accused of fatally shooting…
Did State v. Singleton Bring a Sea Change in the Law of Indictments? – North Carolina Criminal Law
The North Carolina Supreme Court’s opinion in State v. Singleton, No. 318PA22, __ N.C. __ (2024), brings about…
S 382 Enacts Provisions that Impact the Courts – North Carolina Criminal Law
Yesterday, the General Assembly overrode Governor Cooper’s veto to enact S.L. 2024-57 (S 382). The legislation, which was…
Changes Coming to Delinquency Law – North Carolina Criminal Law
Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit…
N.C. Supreme Court (August 23, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on August 23,…
News Roundup – North Carolina Criminal Law
In national news, prosecutors filed a superseding indictment in the federal criminal case against Donald Trump after the…
Self-defense in State v. Myers – North Carolina Criminal Law
The defendant presented competent evidence tending to show that he was acting in self-defense when he shot Raquan…
Advice for Defenders Handling H & I Felonies in District Court – North Carolina Criminal Law
Shea wrote about changes to the law around the practice of entering low-level felony pleas in district court…
New Enhancements for Breaking or Entering Motor Vehicles and Other Conveyances – North Carolina Criminal Law
Effective December 1, 2023, Session Law 2023-151 amended G.S. 14-56 (Breaking or entering into or breaking out of…
N.C. Court of Appeals (Sept. 3, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3,…
News Roundup – North Carolina Criminal Law
The most significant criminal law story this week was the mass shooting at Apalachee High School in Barrow…
Redefining Defensive Force in State v. Phillips. – North Carolina Criminal Law
Coke claimed the common law was the perfection of reason. Our Supreme Court began its recent opinion in…
New Publication on Driver’s License Revocations, Restorations and Privileges – North Carolina Criminal Law
I am thrilled to announce the availability of a new publication, Driver’s License Revocations, Restorations, and Limited Driving…
News Roundup – North Carolina Criminal Law
It’s Friday the 13th, and a corpse was found in a Raleigh Food Lion freezer earlier this week,…
News Roundup – North Carolina Criminal Law
According to this story, the CEO of United Health Care, Brian Thompson, was walking through Manhattan on his…
Police Liability for Damage to Property – North Carolina Criminal Law
Law enforcement officers sometimes damage property in the course of their work. For instance, they may break down…
N.C. Court of Appeals (Dec. 3, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 3,…
Fourth Circuit Court of Appeals (August 2024) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
Smith v. Arizona Comes to NC – North Carolina Criminal Law
As regular readers know, the U.S. Supreme Court decided Smith v. Arizona, 602 U.S. 779 (2024), this past…
State v. McLean Clarifies the Timeframe for Giving Oral Notice of Appeal to the Court of Appeals – North Carolina Criminal Law
Attorneys practicing in criminal superior court are likely familiar with the process of giving notice of appeal to…
There’s a New King in Town
The U.S. Supreme Court held in Blakely v. Washington, 542 U.S. 296 (2004) that any contested fact that…
N.C. Court of Appeals (Sept. 17, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 17,…
President Joe Biden Pardons Hunter Biden – North Carolina Criminal Law
The Associated Press reports here that “President Joe Biden pardoned his son, Hunter, sparing the younger Biden a…
2024 Criminal Legislative Summaries – North Carolina Criminal Law
Looking for some interesting topics to discuss over Thanksgiving dinner? The criminal summaries for this legislative session are…
Considerations When Processing Arrests of 16- and 17-year-olds Under Criminal Jurisdiction – North Carolina Criminal Law
When Session Law (S.L.) 2024-17 takes effect next Sunday, December 1, cases in which a Class A –…
Part VI, Motions to Suppress and the “Two Officer Rule” – North Carolina Criminal Law
For the final installment of this series on confidential informants, motions to reveal identity, and discovery, we will…
News Roundup – North Carolina Criminal Law
After serving 30 years in prison for killing her two sons, Susan Smith appeared Wednesday before a parole…
N.C. Court of Appeals (Nov. 19, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 19,…
More on Officer Misconduct and Giglio – North Carolina Criminal Law
Years ago, I wrote this post about when evidence of an officer’s prior misconduct must be disclosed by…
What to expect in Federally Regulated Employee severance pay negotiations?
Federally Regulated Employee severance pay negotiations While employers are not required to offer severance packages to terminated employees,…
News Roundup – North Carolina Criminal Law
A 23-year-old NC State University student was charged with felony assault last Friday after a week-long flurry of…
The Devil at His Elbow – North Carolina Criminal Law
I work in the field of criminal law and have penchant for Southern Gothic (and also I am…
Relocating the Search and Seizure in State v. Jackson – North Carolina Criminal Law
In State v. Jackson, No. COA23-637 (Oct. 1, 2024), the Court of Appeals considered whether an officer had…
News Roundup – North Carolina Criminal Law
After a plea deal between 9/11 mastermind Khalid Sheikh Mohammed and the U.S. government was declared void by…
N.C. Court of Appeals (Nov. 5, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 5,…
License Plate Readers, Highway Pilot Program, and New Offense – North Carolina Criminal Law
A few months ago, I wrote about Session Law 2023-151 providing for new sentencing enhancements for breaking or…
Shifting the Landscape for the Domestic Violence 48-Hour Rule? – North Carolina Criminal Law
The “48-hour rule,” as it is known in domestic violence cases, has been covered on this blog numerous…
Recent Developments Concerning Geofence Warrants – North Carolina Criminal Law
Five years ago, I wrote about geofence warrants. I said then that “there are zero cases on Westlaw…
News Roundup – North Carolina Criminal Law
People of a certain age will remember the Menendez brothers, Lyle and Erik. In 1989, when they were…
New Pattern Jury Instructions Now Available – North Carolina Criminal Law
Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor…
Part V, Asserting a Defense Theory – North Carolina Criminal Law
This is Part V of a multi-part series on confidential informants (“CI’s”), motions to reveal the identity of…
News Roundup – North Carolina Criminal Law
Police in Durango, Colorado, shared a video on Facebook this week of their pursuit and capture of an…
Smith v. Arizona and So Many Unanswered Questions – North Carolina Criminal Law
I recently gave a criminal law case update to a group of judges. I had quite a few…
N.C. Supreme Court (Oct. 18, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 18,…
New NC Law – North Carolina Criminal Law
A new law governing capacity to proceed in delinquency cases is set to take effect beginning with offenses…
Border Searches of Electronic Devices – North Carolina Criminal Law
North Carolina doesn’t have a land border with Mexico or Canada, so most people don’t think of us…
News Roundup – North Carolina Criminal Law
In the aftermath of the widespread destruction wrought by Hurricane Helene, federal and state officials have begun providing…
N.C. Court of Appeals (Oct. 15, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 15,…
Extension of the Chief Justice’s Emergency Order for Certain Counties – North Carolina Criminal Law
In response to the devastation caused by Hurricane Helene, the Chief Justice of the North Carolina Supreme Court…
Fourth Circuit Court of Appeals (Sept. 2024) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
New Resources for Protecting Vulnerable Adults in North Carolina – North Carolina Criminal Law
In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the…
News Roundup – North Carolina Criminal Law
Our hearts remain with the communities in Western North Carolina devastated by Hurricane Helene. On Wednesday, lawmakers unanimously…
2024 Updates to the Superior Court Judges’ Benchbook – North Carolina Criminal Law
About a year ago, I wrote to let readers know that several chapters in the criminal law section…
Gone Today and Here Tomorrow – North Carolina Criminal Law
Singleton was supposed to make things simpler. As previously reported, in that case our Supreme Court attempted to…
How can disability discrimination be prevented in schools?
disability discrimination In England and Wales schools have a duty to make reasonable adjustments for disabled pupils. This…
The Fourth Circuit Weighs in on THC-O and “Synthetic” THC – North Carolina Criminal Law
In September, the Fourth Circuit Court of Appeals issued a significant decision affecting the hemp industry on the…
What Is Patient Brokering? – North Carolina Criminal Law
The state legislature recently passed a law making patient brokering a felony. If you haven’t heard of patient…
News Roundup – North Carolina Criminal Law
Regular readers know that I am interested in the criminal prosecution of Sam Bankman-Fried, who is currently serving…
The Unilateral Reset – North Carolina Criminal Law
A question that arises with some frequency is whether the district attorney is free to unilaterally “reset” a…
New Law on Juvenile Capacity to Proceed – North Carolina Criminal Law
The current law that governs a juvenile’s capacity to proceed in a delinquency matter matches part of the…
Annual Report from the North Carolina Judicial College (2023-2024) – North Carolina Criminal Law
I am excited to share the latest annual report from the North Carolina Judicial College. Spoiler alert: In…
News Roundup – North Carolina Criminal Law
Our hearts are with our clients and others who have been affected by Hurricane Helene. Expertise among faculty…
News Roundup – North Carolina Criminal Law
The State of Missouri put Marcellus Williams to death Tuesday, despite opposition from St. Louis County Prosecuting Attorney…
N.C. Court of Appeals (Oct. 1, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 1,…
Emergencies in Western North Carolina, Including Chief Justice’s Emergency Order – North Carolina Criminal Law
There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have…
Navigating Autonomous Vehicle Technology and the Law – North Carolina Criminal Law
In 2017, the General Assembly ratified S.L. 2017-166 regulating “fully autonomous vehicles” on state roadways. Shea wrote about…
Violation of Conditions Before Release – North Carolina Criminal Law
I recently taught a session at the magistrates’ conference about arrestable conditions of pretrial release. The session sparked…
How do employment contracts affect wrongful dismissal claims?
employment contracts affect wrongful dismissal claims An employment contract defines the terms and conditions of your job. It…
Can disability discrimination occur in the healthcare sector?
disability discrimination Discrimination can occur if you are a person with a disability and are treated less favourably…
Change to the Law of Juvenile Jurisdiction and Juvenile Transfer to Superior Court – North Carolina Criminal Law
Session Law 2024-17 enacts changes to the law regarding the scope of original juvenile jurisdiction beginning with offenses…
Part IV, How Federal and State Courts are Handling CI Video and Audio Recordings – North Carolina Criminal Law
Special thanks to Sheridan King, Summer Law Fellow at UNC SOG, for her significant contributions to the research…
News Roundup – North Carolina Criminal Law
The biggest news story of the week is a gunman’s attempt to assassinate former president and current presidential…
N.C. Court of Appeals (July 16, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16,…
New Dashboard Shows Impact of Record Clearance Policies in North Carolina – North Carolina Criminal Law
At the Criminal Justice Innovation Lab, we’re focused on an evidence-based approach to criminal justice issues. We deal…
Bump Stocks Are Legal – North Carolina Criminal Law
The Supreme Court’s big Second Amendment case this term was United States v. Rahimi, 602 U.S. __ (2024),…
U.S. Supreme Court Curtails Substitute Analyst Testimony – North Carolina Criminal Law
The U.S. Supreme Court recently decided Smith v. Arizona, 602 U.S. ___; 2024 WL 3074423 (June 21, 2024)…
News Roundup – North Carolina Criminal Law
Back in May, it appeared that North Carolina lawmakers were moving toward a repeal of automatic expunctions of…
Fearrington v. City of Greenville: North Carolina Supreme Court Reverses Court of Appeals and Upholds City’s Red Light Camera Enforcement Program as Constitutional
Two men fined in 2018 for failing to stop at red light camera locations in Greenville, NC filed…
How Does Constructive Dismissal Impact Employee Stock Ownership Plans?
Constructive Dismissal Impact Employee Stock Employee stock ownership plans (ESOPs) are a type of employee benefit where employees…
N.C. Court of Appeals (July 2, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2,…
Evading Criminal Liability in State v. Andrews. – North Carolina Criminal Law
In a case decided earlier this month, the Court of Appeals overturned the defendant’s conviction for kidnapping when…
Short Stop in the Short Session – North Carolina Criminal Law
The North Carolina General Assembly has temporarily adjourned for the short session, with plans to reconvene a few…
The New Attestation Requirement – North Carolina Criminal Law
On June 25, 2024, changes to the HIPAA Privacy Rule aimed at supporting reproductive health care privacy went…
New Law in Effect as of July 1 – North Carolina Criminal Law
Across North Carolina, there are 55 child advocacy centers (CACs) providing services to children who have experienced maltreatment,…
Backing Away from Bruen? Supreme Court Upholds Law Barring Restraining Order Subjects from Possessing Guns – North Carolina Criminal Law
On June 21, the Supreme Court decided a highly-anticipated Second Amendment case. In United States v. Rahimi, 602…
News Roundup – North Carolina Criminal Law
Last week, Louisiana became the first state to allow surgical castration as punishment for sex crimes against children.…
Smith v. Arizona; United States v. Rahimi (SCOTUS) – North Carolina Criminal Law
This post summarizes Smith v. Arizona and United States v. Rahimi from the Supreme Court of the United…
Bruen Comes to North Carolina – North Carolina Criminal Law
My colleague Jeff Welty has covered the U.S. Supreme Court’s decision in New York Rife and Pistol Association,…
The Court’s Obligation to Determine Disposition in a Delinquency Matter – North Carolina Criminal Law
Is the court bound to order a certain disposition in a delinquency matter when the juvenile and the…
Part III, How to Handle the Video – North Carolina Criminal Law
This is Part III of a multi-part series on confidential informants. Earlier posts focused on the foundational concepts…
News Roundup – North Carolina Criminal Law
The biggest story in criminal law this week was undoubtedly the arrest of Justin Timberlake, former member of…
N.C. Court of Appeals (June 18, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18,…
Who Gets the Money After a Defendant’s Case is Complete? – North Carolina Criminal Law
When a person is arrested, a law enforcement officer must take that person before a judicial official without…
Fourth Circuit Court of Appeals (May 2024) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
News Roundup – North Carolina Criminal Law
As AP News reports, Hunter Biden, the son of President Biden, was convicted of three felony offenses in…
NC Supreme Court Holds that Media Entities May Seek Access to Law Enforcement Recordings by Filing a Petition – North Carolina Criminal Law
In March 2021, several news organizations filed a petition in Alamance County Superior Court seeking the release of…
State v. Singleton and the End of the Common Law Jurisdictional Indictment Rule – North Carolina Criminal Law
In its last batch of opinions, issued May 23, 2024, the North Carolina Supreme Court decided two indictment…
News Roundup – North Carolina Criminal Law
Three years ago, the North Carolina Supreme Court in State v. Corbett, 2021-NCSC-18, ___ N.C. ___, 855 S.E.2d…
N.C. Court of Appeals (June 4, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4,…
Estimating Earnings Impact of Driver’s License Revocations in North Carolina – North Carolina Criminal Law
This blog post was co-authored by Jessica Smith. In North Carolina, driver’s licenses are revoked for failure to…
News Roundup – North Carolina Criminal Law
Former President Donald Trump was found guilty of 34 felonies in his “hush money” trial in New York…
N.C. Supreme Court (May 23, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on May 23,…
Part II, What Statutes Apply? – North Carolina Criminal Law
In Part I of a series of posts on confidential informants, I revisited the landmark case of U.S.…
Disposition Continuance to Provide for Time in Secure Custody Not Allowed – North Carolina Criminal Law
Are there limits on the court’s ability to continue the dispositional hearing in a delinquency case? The Court…
News Roundup – North Carolina Criminal Law
The trial of former U.S. President Donald Trump for alleged falsification of business records is nearing its conclusion.…
N.C. Court of Appeals (May 21, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 21,…
When May the State Use Evidence of a Defendant’s Silence Before Trial? – North Carolina Criminal Law
A couple of weeks ago, I wrote about the prohibition against the State commenting on a defendant’s failure…
Fourth Circuit Court of Appeals (April 2024) – North Carolina Criminal Law
This post summarizes published criminal and related decisions of interest from the Fourth Circuit Court of Appeals in…
Changes to Basic Law Enforcement Training – North Carolina Criminal Law
With few exceptions, new law enforcement officers in North Carolina are required to complete a course called Basic…
News Roundup – North Carolina Criminal Law
It sounds like there’s a criminal trial of some kind going on in New York, but the big…
Fourth Circuit Strongly Suggests Including Temporal Limitations on Search Warrants for Social Media Account Information
Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil…
Short-circuiting Short-forms in State v. Singleton and State v. Crowder – North Carolina Criminal Law
Statutes prescribing simplified charging language were intended to alleviate the burdensome pleading requirements of the common law. See…
News Roundup – North Carolina Criminal Law
The first criminal trial of a former U.S. President continues to dominate the news. Trump’s trial on state…
N.C. Court of Appeals (May 7, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 7,…
Lethality Assessment Protocol – North Carolina Criminal Law
Intimate partner violence is abuse or aggression that occurs in a romantic relationship, usually between current or former…
Grant’s Pass, Homelessness, and the Constitutionality of Anti-Sleeping and Anti-Camping Ordinances – North Carolina Criminal Law
Homelessness is a challenging problem. Some cities have attempted to address it, in part, by prohibiting sleeping or…
Why Is It Important to Hire an Employment Lawyer?
Hire an Employment Lawyer Whether you are an employee or employer, the workplace can be a minefield. It’s…
News Roundup – North Carolina Criminal Law
The week began with tragedy. Four law enforcement officers were killed Monday afternoon in Charlotte when they attempted…
Announcing Upcoming Webinar on Self-Defense – North Carolina Criminal Law
The UNC School of Government will be hosting a FREE one-hour webinar on self-defense law on May 15,…
Just Say No to Commenting on the Defendant’s Failure to Testify – North Carolina Criminal Law
While a prosecutor in a criminal trial may comment on a defendant’s failure to produce witnesses or evidence…
News Roundup – North Carolina Criminal Law
A lawsuit has been filed against the North Carolina Department of Health and Human Services and its secretary,…
Updated Content Now Available in the Digital Version of Arrest, Search, and Investigation in North Carolina – North Carolina Criminal Law
Most readers of this blog are familiar with Arrest, Search, and Investigation in North Carolina. For those who…
Consequences of a Criminal Conviction and Avenues for Relief – North Carolina Criminal Law
In this brief blog I want to announce updated editions of two much lengthier resources. One is my…
What is the Maximum Commitment Period That Must be Noticed at Disposition in a Delinquency Case? – North Carolina Criminal Law
When the court issues an order of disposition committing a juvenile to a youth development center (YDC), that…
Part I, Roviaro v. U.S. – North Carolina Criminal Law
Today I begin a series of blog posts discussing the law around confidential informants, motions to reveal identity,…
News Roundup – North Carolina Criminal Law
The first criminal trial of a former U.S. president began this week in Manhattan. Donald Trump faces 34…
N.C. Court of Appeals (April 16, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16,…
Fourth Circuit Court of Appeals (March 2024) – North Carolina Criminal Law
This post summarizes a published criminal law released by the Fourth Circuit Court of Appeals during March 2024.…
State v. Jackson – North Carolina Criminal Law
A common point of confusion among law enforcement and the public is about the use of unlabeled pill…
What, When, Who, and Impact on Juvenile Court – North Carolina Criminal Law
The right to appeal an order in a delinquency matter is established in G.S. 7B-2602 (Right to appeal)…
News Roundup – North Carolina Criminal Law
Nationally, the biggest criminal law story this week was the sentencing of James and Jennifer Crumbley. They’re the…
Severance Pay – What It Is and Why You Should Negotiate
Severance Pay With layoffs in the news every day, it’s no surprise that most Americans are worried about…
Does Waiver by Conduct Remain a Third Way to Lose the Right to Representation? – North Carolina Criminal Law
The North Carolina Court of Appeals first recognized the concept of waiver by conduct in State v. Blakeney,…
Spring 2024 Cannabis Update (Part II) – North Carolina Criminal Law
In Part I of my Spring 2024 cannabis update, I discussed the search and seizure issues arising in…
The Doctrine of Continuous Transaction in State v. Jackson – North Carolina Criminal Law
Robbery is larceny from the person by violence or intimidation. The exact relationship between the taking and the…
Spring 2024 Cannabis Update (Part I) – North Carolina Criminal Law
It has been a while since my last post on cannabis and criminal law issues, and it is…
News Roundup – North Carolina Criminal Law
Reuters reports that threats against federal judges have substantially increased over the last several years. Threats deemed “serious”…
N.C. Court of Appeals (April 2, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2,…
North Carolina 2024 Public Defender Expansion – North Carolina Criminal Law
In 2023, the North Carolina General Assembly approved funding to create eight new public defender districts. The eight…
Criminal Processes in the Context of the Pretrial Integrity Act – North Carolina Criminal Law
By now, court officials are familiar with the pretrial release laws as amended by the Pretrial Integrity Act.…
Are Prosecutors Entitled to Immunity When Advising Law Enforcement Officers? – North Carolina Criminal Law
Law enforcement officers frequently call on prosecutors for advice. Prosecutors generally see responding to such requests as part…
N.C. Supreme Court (March 22, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 22,…
Another Look at PJCs – North Carolina Criminal Law
Prayer for judgment continued or a “PJC” is a common disposition in criminal cases, most frequently for traffic…
GiveUNC Is Today – North Carolina Criminal Law
Today is GiveUNC. According to the GiveUNC website, this is “a day when alumni, friends, faculty and other…
Surveillance Video- When It Comes In and When It Doesn’t – North Carolina Criminal Law
Video evidence authentication has received a fair amount of treatment on this blog. The topic remains an area…
News Roundup – North Carolina Criminal Law
On Monday, the Louisiana Senate unanimously passed a bill that would make it a crime to knowingly import,…
N.C. Court of Appeals (March 19, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 19,…
Fourth Circuit Court of Appeals (Feb. 2024) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during…
Recordings by Government Officials – North Carolina Criminal Law
This post is co-authored with SOG faculty member Kristina Wilson and is cross-posted to the Coates’ Canons blog.…
Stalking and Violation of DVPOs – North Carolina Criminal Law
Last week, in the first part of this two-part series, I talked about the “crime of domestic violence”…
News Roundup – North Carolina Criminal Law
Raleigh is ending its red-light camera program after two decades of operation. The News and Observer has the…
Court of Appeals Holds that State Constitution Prohibits Substitution of Alternate Jurors After Deliberations Begin – North Carolina Criminal Law
When a deliberating juror in Eric Chambers’ April 2022 murder trial told the presiding judge that he could…
McElrath v. Georgia (SCOTUS) – North Carolina Criminal Law
This post summarizes McElrath v. Georgia from the Supreme Court of the United States, decided on February 21,…
Scouring Indictments for Missing Elements in State v. Jackson and State v. Coffey. – North Carolina Criminal Law
Two recent opinions from the Court of Appeals illustrate the remarkable controversy currently underway over the specificity required…
Crimes of Domestic Violence – North Carolina Criminal Law
A noncitizen can lose status—that is, the right to be in the U.S.—and be forced to leave if…
News Roundup – North Carolina Criminal Law
A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the…
N.C. Court of Appeals (March 5, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5,…
Knoll What? – North Carolina Criminal Law
I have written before about the cache associated with a handful of unpublished opinions from the North Carolina…