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…

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…

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…

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…

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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….

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…

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…

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…

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…

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…

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 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 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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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 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…

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…

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?)…

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…

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…

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…

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…

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…

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…

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….

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….

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…

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…

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…

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…

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…

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…

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…

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….

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…

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,…

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…

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…

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…

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…

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…

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,…

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…

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…

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….

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 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…

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….

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,…

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….

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 –…

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…

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,…

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…

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…

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…

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…

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…

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…

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/….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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”…

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…

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,…

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…

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,…

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…

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…

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…

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 __,…

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…

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 opioid crisis seems to be getting worse every year. NCDHHS reports that in 2021, over 4,000 North Carolinians died from opioid overdoses, up 22% from the prior year. Most…

Law enforcement officers in Philadelphia arrested more than 50 people Tuesday night after a flash mob ransacked dozens of stores, including Foot Locker, Lululemon, Apple, and at least 18 state-run…

The School of Government has published a new resource on initial appearances and pretrial release. Although any judicial official is authorized to preside at an initial appearance, in most cases…

Law enforcement and the communities they serve want effective responses to crime and other problems. They want policing that promotes safety and trust. And they want alternative responses for behavioral…