What is burden of proof for a federally regulated employee?
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Part-time employees often wonder whether they have the same rights as full-time staff when their…
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Some Other Provision of Law – North Carolina Criminal Law
Several criminal statutes include the provision that a person who commits the offense prescribed is…
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…
News Roundup – North Carolina Criminal Law
Jasveen Sangha, dubbed the “Ketamine Queen,” pled guilty on Wednesday to selling Matthew Perry the…
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…
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…
News Roundup – North Carolina Criminal Law
For the third week, federal forces continue to perform law enforcement duties in the District…
Cases Outside North Carolina – North Carolina Criminal Law
In February, I blogged about State v. Thomas, 295 N.C. App. 564 (2024), and whether…
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…
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…
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…
News Roundup – North Carolina Criminal Law
Erik Menendez was denied parole by a panel of California commissioners yesterday. He and 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.…
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…
News Roundup – North Carolina Criminal Law
President Trump deployed the D.C. National Guard, took control of the Metropolitan Police Department, and…
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…
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…
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…
News Roundup – North Carolina Criminal Law
The town of Wendell, NC, recently purchased two drones and associated equipment for $20,000 to…
New Judicial College Course Catalog – North Carolina Criminal Law
The North Carolina Judicial College was founded in 2005 to expand the education and training…
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.…
Notes from Other Jurisdictions – North Carolina Criminal Law
When a person is arrested, a law enforcement officer must take that person before a…
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…
News Roundup – North Carolina Criminal Law
If you thought it was only corner-cutting lawyers and tech-savvy college students that were relying…
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…
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…
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…
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.…
News Roundup – North Carolina Criminal Law
The Alamo announced last week that it’s got Pee-wee’s stolen red bicycle, as foretold in…
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…
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.…
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…
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…
News Roundup – North Carolina Criminal Law
One of the top stories this week was the announcement by the Department of Justice…
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…
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…
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…
News Roundup – North Carolina Criminal Law
Floods have gripped the nation. From Texas, to New Mexico, to here in central North…
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…
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…
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…
How quickly can a wrongful dismissal lawyer Toronto help me?
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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…
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…
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…
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.…
News Roundup – North Carolina Criminal Law
Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the…
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…
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.”…
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…
News Roundup – North Carolina Criminal Law
Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s…
Grand Jurors, Impartiality, and Disqualification – North Carolina Criminal Law
In North Carolina, a person must be indicted by a grand jury or must waive…
Apply Now! – North Carolina Criminal Law
If you’re working to protect vulnerable adults in your community, you know how important it…
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…
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…
News Roundup – North Carolina Criminal Law
The Trump administration sued the state of New York on Thursday over a law that…
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…
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…
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…
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…
News Roundup – North Carolina Criminal Law
Multiple acts of mass violence plagued the country this week. In Boulder, Colorado on Sunday,…
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…
Drugs and Alcohol – North Carolina Criminal Law
Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law…
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…
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,…
News Roundup – North Carolina Criminal Law
The top story this week is that Olympic gold medalist Mary Lou Retton has been…
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…
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…
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…
News Roundup – North Carolina Criminal Law
On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two…
A Persistent Ethical Dilemma – North Carolina Criminal Law
Suppose you are a defender representing a client charged with Possession of Firearm by Felon.…
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…
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…
News Roundup – North Carolina Criminal Law
New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose…
Immigration Detainers – North Carolina Criminal Law
An immigration detainer is one of the key tools that Immigration and Customs Enforcement (ICE)…
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…
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…
News Roundup – North Carolina Criminal Law
The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns…
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…
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…
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…
News Roundup – North Carolina Criminal Law
The top national story this week is that the Supreme Court just heard oral argument…
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…
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…
News Roundup – North Carolina Criminal Law
The top story this week is that country music star Jelly Roll has been recommended…
Authentication of Digital Communications Chart – North Carolina Criminal Law
A common evidence question that arises is how to properly authenticate digital communications. We have…
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…
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…
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…
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…
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. __…
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News Roundup – North Carolina Criminal Law
A woman was babysitting a child near Great Bend, Kansas, when the child she was…
Good . . . ‘Cause – North Carolina Criminal Law
This post is about the recurring issue of the requirement for a court to make…
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…
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…
News Roundup – North Carolina Criminal Law
On Wednesday, the Michigan Supreme Court held in a 5-1 opinion that the odor of…
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…
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…
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.…
News Roundup – North Carolina Criminal Law
On Wednesday, the U.S. Supreme Court upheld a federal regulation requiring, among other things, that…
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…
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…
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…
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,…
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…
News Roundup – North Carolina Criminal Law
Hundreds of Venezuelan immigrants were summarily deported from the United States to a prison in…
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…
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Spring 2025 Cannabis Update – North Carolina Criminal Law
I have been covering developments around the legalization of hemp in North Carolina since 2018.…
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…
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…
News Roundup – North Carolina Criminal Law
The news story that captured my attention this week is not exactly, or not entirely,…
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…
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…
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…
News Roundup – North Carolina Criminal Law
A man is scheduled to be executed by firing squad this evening, which would be…
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…
Temporary Release Pending Trial – North Carolina Criminal Law
In previous posts, I’ve addressed the expedited scheduling requirements and opportunities for permanent release 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…
News Roundup – North Carolina Criminal Law
We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many…
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.…
Court Forms and Forensic Evaluators – North Carolina Criminal Law
Beginning with offenses committed on or after January 1, 2025, new laws are in effect…
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…
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News Roundup – North Carolina Criminal Law
Seven men are charged with stealing millions from the homes of six professional athletes across…
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…
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…
Children and Consent Searches – North Carolina Criminal Law
Some time ago, I received an email from a researcher asking whether a minor may…
News Roundup – North Carolina Criminal Law
After a two-week evidentiary hearing last February, and closing arguments delivered in August, Superior Court…
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…
Congratulations to Newly Certified Magistrates – North Carolina Criminal Law
For most citizens in North Carolina magistrates are the “first face” of the judicial system.…
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…
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…
News Roundup – North Carolina Criminal Law
Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General…
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.…
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…
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…
Framed – North Carolina Criminal Law
I’ve enjoyed quite a few books by John Grisham. I liked some of his early…
News Roundup – North Carolina Criminal Law
The lead story this week is the sentencing of former U.S. senator Bob Menendez on…
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…
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…
How We Compare to Spain – North Carolina Criminal Law
I recently had the opportunity to travel to Spain, where I networked with academic colleagues,…
News Roundup – North Carolina Criminal Law
As one of his first acts as in office, President Trump issued sweeping pardons and…
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…
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This post summarizes the published criminal opinions from the North Carolina Court of Appeals released…
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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…
News Roundup – North Carolina Criminal Law
This morning, President Biden announced that he will commute the sentences of nearly 2,500 inmates…
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…
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…
Unilateral Conspiracy and Money Laundering – North Carolina Criminal Law
North Carolina is a bilateral conspiracy jurisdiction. Defining conspiracy as a combination of two or…
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…
News Roundup – North Carolina Criminal Law
In the waning weeks of his four-year term, President Biden announced commutations of 37 of…
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,…
News Roundup – North Carolina Criminal Law
According to WRAL and other sources, seven homes and one business have been damaged in…
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…
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…
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…
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…
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…
2025 Video Sweepstakes Update – North Carolina Criminal Law
On New Year’s Eve, the North Carolina Court of Appeals issued an opinion in No…
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…
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…
News Roundup – North Carolina Criminal Law
Hunter Biden has been the focus of journalistic, criminal, and political investigations for years as…
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,…
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…
News Roundup – North Carolina Criminal Law
On Tuesday, former President Donald Trump was indicted for a third time. Trump previously was…
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…
trespassing in space and time – North Carolina Criminal Law
I recently participated in a webinar with my colleagues Chris McLaughlin and Kirk Boone about…
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.…
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…
Speech Integral to Criminal Conduct – North Carolina Criminal Law
The First Amendment permits criminal punishment for speech only when it falls within an established…
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…
News Roundup – North Carolina Criminal Law
Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County…
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…
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…
News Roundup – North Carolina Criminal Law
Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to…
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…
News Roundup – North Carolina Criminal Law
I am saddened to share news of the tragic shooting that took place on the…
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…
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…
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…
News Roundup – North Carolina Criminal Law
A convicted murderer remains on the lam in the suburbs of Philadelphia following his escape…
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…
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…
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…
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…
News Roundup – North Carolina Criminal Law
A convicted murderer who escaped from prison in Pennsylvania and remained on the loose for…
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…
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…
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…
News Roundup – North Carolina Criminal Law
On Monday, Illinois became the first state to eliminate cash bail. A provision of the…
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…
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…