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contracts required under Federal employment law Toronto Are contracts required under Federal employment law Toronto? In Canada, employment contracts are…
Proving Unjust dismissal Canada requires clear and convincing evidence that an employee was terminated without just cause or proper notice. Courts…
unjust dismissal Who adjudicates unjust dismissal complaints federally? In Canada, employees working in federally regulated industries, such as banking, telecommunications,…
Workplace harassment lawyer get punitive damages When an employee faces mistreatment or discrimination in the workplace, it can have a…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during August 2025.…
Law enforcement officers in North Carolina must have good moral character to be certified, and may lose their certification if…
One of the top stories this week is that of Decarlos Brown, who was charged in the fatal stabbing of…
During the pandemic, we got accustomed to doing certain court proceedings virtually—initially under authority of the Chief Justice’s emergency orders…
Several criminal statutes include the provision that a person who commits the offense prescribed is guilty of a designated class…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2025. In…
Jasveen Sangha, dubbed the “Ketamine Queen,” pled guilty on Wednesday to selling Matthew Perry the drugs that resulted in his…
In light of the recent Court of Appeals opinion State v. Moore, this post is a follow-up to the 2018…
A few months ago, I blogged about the legislative changes that took effect last year surrounding the processing of defendants…
For the third week, federal forces continue to perform law enforcement duties in the District of Columbia pursuant to President…
In February, I blogged about State v. Thomas, 295 N.C. App. 564 (2024), and whether law enforcement can review ankle-monitoring…
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on August 22, 2025. Previously, summaries…
A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields.…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2025. An…
Erik Menendez was denied parole by a panel of California commissioners yesterday. He and his brother Lyle were sentenced to…
I am excited to share this year’s annual report from the North Carolina Judicial College. Taking stock of a year’s…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July of…
President Trump deployed the D.C. National Guard, took control of the Metropolitan Police Department, and reassigned FBI agents from their…
I’m happy to announce the availability of the Second Edition of Probation Violations in North Carolina. The book is available…
My colleagues have been blogging about some of the changes to our criminal law wrought by recent legislation. Session Law…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6, 2025. The…
The town of Wendell, NC, recently purchased two drones and associated equipment for $20,000 to support the police department. Officials…
The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has…
The legislature enacted a raft of changes this summer to motor vehicle and criminal law. This post examines three session…
When a person is arrested, a law enforcement officer must take that person before a judicial official without unnecessary delay.…
Law enforcement officers have long been authorized to search a person incident to the person’s arrest. But the precise scope…
If you thought it was only corner-cutting lawyers and tech-savvy college students that were relying on artificial intelligence to do…
As regular readers know, the General Assembly passed a slew of statutes affecting our criminal law this summer, including controlled…
Several times a year, I teach different groups about criminal domestic violence laws in North Carolina. Last year, I highlighted…
In case you missed it, I wanted to remind folks that the Public Defense Education team here, with support from…
A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite…
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…
Special thanks to Sloan Godbey, Summer Law Fellow at UNC SOG, for their significant contributions to this post. In March…
Back in February, the Court of Appeals decided State v. Nanes, COA24-487, ___ N.C. App. ___; 912 S.E.2d 202 (Feb.…
The law that governs which cases begin under juvenile jurisdiction changed three times between 2019 and 2025. Each change applies…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 2025. A…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June of…
One of the top stories this week was the announcement by the Department of Justice that they intend to recommend…
My colleague Joe Hyde blogged last week about the Court of Appeals’ determination in State v. Tate, __ N.C. App.…
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the…
Floods have gripped the nation. From Texas, to New Mexico, to here in central North Carolina, severe floods have taken…
Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. This year’s…
no win no fee employment lawyer take A no win no fee employment lawyer typically handles a wide range of…
Last month, the School of Government’s Criminal Justice Innovation Lab released a new report evaluating the implementation of social work…
After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2025. Smell…
In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the…
After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S.…
A new Administration of Justice Bulletin on Double Jeopardy in North Carolina is now available. I previously posted about double…
Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This…
Character evidence is one of the most challenging areas of evidence law to navigate, as Jessie Smith observes here. Jessie’s…
Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2025. Previously,…
Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s desk. The deadline for his…
In North Carolina, a person must be indicted by a grand jury or must waive the right to indictment before…
If you’re working to protect vulnerable adults in your community, you know how important it is to have the right…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2025.…
Law enforcement officers may mislead suspects during questioning. For example, an officer may falsely tell a suspect that an accomplice…
The Trump administration sued the state of New York on Thursday over a law that blocks immigration officials from arresting…
Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without…
In May, the North Carolina Statewide Court Appearance Project Committee released their Final Report with recommendations to promote court appearance…
The defendant in State v. Meadows, No. COA24-149 (N.C. Ct. App. May 7, 2025), was convicted of murder based on…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2025. Previously,…
Multiple acts of mass violence plagued the country this week. In Boulder, Colorado on Sunday, a man attacked a group…
Criminal law practitioners may recall that in 2021 the General Assembly amended G.S. 15A-1215(a) to permit the substitution of an…
Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture…
North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be…
If you’re a police officer, a correctional officer, a probation/parole officer, a juvenile court counselor, or a juvenile justice officer,…
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on May 23, 2025. Jury instruction…
The top story this week is that Olympic gold medalist Mary Lou Retton has been charged with DUI, per this…
I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 21, 2025. These…
On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two dozen police departments accused of…
Suppose you are a defender representing a client charged with Possession of Firearm by Felon. You receive a plea offer…
Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak…
benefits for Short Service Executives What are the benefits for Short Service Executives? This question is often raised by candidates…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during April 2025.…
New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose deaths in the U.S. declined…
An immigration detainer is one of the key tools that Immigration and Customs Enforcement (ICE) uses to apprehend individuals who…
A defendant who claims self-defense is generally permitted to offer evidence of the victim’s prior violent conduct if known to…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 7, 2025. These…
The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns beachgoers when a shark has…
Post-release supervision has been mandatory for all felonies since 2011. But rarely if ever does anyone mention it when advising…
There are six sentencing levels for Driving While Impaired (DWI) convictions. A defendant is only exposed to the three most…
Serving as a confidential informant can be dangerous, whether the informant is an adult or underage. As to minors working…
The top national story this week is that the Supreme Court just heard oral argument in a case involving a…
The North Carolina Constitution historically mandated trial by jury in all criminal cases in superior court. See N.C. Const. Art.…
I read a news article some time ago about officers who investigate suspected prostitutes by going undercover and purchasing their…
The top story this week is that country music star Jelly Roll has been recommended for a pardon by a…
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in…
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2025. These…
Three chapters in the criminal law section of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2025.…
A couple of weeks ago, the Supreme Court decided Bondi v. VanDerStok, 604 U.S. __ (2025). It is an administrative…
leave a review if my case didn’t go to court When seeking legal representation, many people turn to online reviews…
A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster…
This post is about the recurring issue of the requirement for a court to make findings of “good cause shown…
The defendant in State v. Bell, No. 86A02-2 (N.C. March 21, 2025), failed to object to gender-based discrimination during jury…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2, 2025. These…
On Wednesday, the Michigan Supreme Court held in a 5-1 opinion that the odor of marijuana alone isn’t a sufficient…
The National Center for State Courts (NCSC) recently published a report addressing “unprecedented challenges” facing juries and jury trials. The…
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…
Earlier last month, the Court of Appeals decided State v. Watlington, COA23-1106, ___ N.C. App. ___ (2025). Among other issues,…
On Wednesday, the U.S. Supreme Court upheld a federal regulation requiring, among other things, that those who make or sell…
Increasingly, public defender offices are bringing social workers in-house. As part of a growing interest in holistic defense, these offices…
The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of…
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 21, 2025. These…
Today is GiveUNC day, the university’s annual one-day fundraising event for alumni, faculty, staff, supporters, and fans of Carolina to…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 19, 2025. These…
Hundreds of Venezuelan immigrants were summarily deported from the United States to a prison in El Salvador last weekend. Federal…
A trial judge has broad discretion regarding whether to accept a defendant’s guilty plea entered pursuant to a plea agreement…
I have been covering developments around the legalization of hemp in North Carolina since 2018. Never did I suspect then…
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2025.…
Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident…
The news story that captured my attention this week is not exactly, or not entirely, a criminal law story. Mahmoud…
Under G.S. 15A-1346(b), a sentencing court has the authority to order a probationary sentence to run consecutively to an undischarged…
The defendant in State v. Greenfield, No. COA23-597 (N.C. Ct. App. Feb. 19, 2025), argued the trial court erred by…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2025. These…
A man is scheduled to be executed by firing squad this evening, which would be the first firing squad execution…
A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another…
In previous posts, I’ve addressed the expedited scheduling requirements and opportunities for permanent release of motor vehicles seized pursuant to…
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution limits the use of testimonial hearsay statements by an…
We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many times before on the blog…
Last September, the Court of Appeals decided State v. Thomas, No. COA23-210, __ N.C. App. __ (2024), a case involving…
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 19, 2025. These…
Seven men are charged with stealing millions from the homes of six professional athletes across the country, as reported by…
company for workplace harassment after leaving the company Employees who experience workplace harassment often wonder whether they can take legal…
Questions sometimes arise in criminal cases about whether a new judge may pick up duties initially undertaken by another judge…
This post summarizes published criminal law cases released by the Fourth Circuit Court of Appeals during January 2024. Cases of…
Some time ago, I received an email from a researcher asking whether a minor may consent to the search of…
After a two-week evidentiary hearing last February, and closing arguments delivered in August, Superior Court Judge Wayland Sermons Jr. issued…
There are about 10,000 people on post-release supervision (PRS) in North Carolina. Some of them get charged with a new…
For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with…
A new Administration of Justice Bulletin on Aggregation of Financial Crimes is now available. I previously posted about this topic…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 5, 2025. These…
Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi…
Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County grand jury returned a 41-count…
This post summarizes a criminal law decision published by the U.S. Supreme Court on Jan. 21, 2025. Due process protection…
One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction…
In every case where a person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1),…
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on January 31, 2025. These…
As a general rule, most defendants are entitled to have conditions of pretrial release set without unnecessary delay, and this…
Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to be booked on criminal charges…
I’ve enjoyed quite a few books by John Grisham. I liked some of his early fiction a great deal. His…
Every law student learns that state civil cases may be “removed” to federal court under certain conditions – usually when…
I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led…
A few weeks ago, I wrote about one part of S.L. 2023-97 (S 91), which prohibited street takeovers. This post…
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on September 1, 2023. These…
The lead story this week is the sentencing of former U.S. senator Bob Menendez on Wednesday to 11 years in…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 5, 2023. These…
A convicted murderer remains on the lam in the suburbs of Philadelphia following his escape from jail last week. The…
In preparation for some upcoming teaching, I’ve been brushing up on anticipatory search warrants. Such warrants authorize a search, but…
The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or…
Presented with an appalling set of facts, the North Carolina Supreme Court unanimously upheld the defendant’s convictions for murder, kidnapping,…
Last month, my colleague Jeanette Pitts blogged about the new Pretrial Integrity Act enacted under S.L. 2023-75 (H 813). Since…
Does the law that makes personally identifiable arrest information a public record apply to the arrest of a person who…
A recent court of appeals case, State v. Calderon, ___ N.C. App. ___ (2023), sets forth a new test for…
I recently had the opportunity to travel to Spain, where I networked with academic colleagues, gave a talk about American…
A convicted murderer who escaped from prison in Pennsylvania and remained on the loose for two weeks was captured this…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 12, 2023. These…
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during August 2023. Cases…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 19, 2023. These…
As one of his first acts as in office, President Trump issued sweeping pardons and commutations for the people convicted…
On Monday, Illinois became the first state to eliminate cash bail. A provision of the state’s criminal justice reform law…
severance pay calculator include my retirement benefits Severance pay calculators are tools designed to give you a rough estimate of…
I recently completed a series of posts on issues surrounding confidential informants (“CI’s”), discovery, and motions to reveal the CI’s…
Session Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 15, 2025. These…
Several provisions of the 2023 Appropriations Act (H 259) ratified by the General Assembly last week (which is expected to…
This post summarizes published criminal law cases released by the Fourth Circuit Court of Appeals during December 2024. Cases of…
The opioid crisis seems to be getting worse every year. NCDHHS reports that in 2021, over 4,000 North Carolinians died…
Law enforcement officers in Philadelphia arrested more than 50 people Tuesday night after a flash mob ransacked dozens of stores,…
The School of Government has published a new resource on initial appearances and pretrial release. Although any judicial official is…
Law enforcement and the communities they serve want effective responses to crime and other problems. They want policing that promotes…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 3, 2023. These…
After more than 25 years, an arrest has been made in the killing of the rapper Tupac Shakur, as AP…
The answer would seem to be obvious. A person is guilty of forcible rape if the person engages in vaginal…
This morning, President Biden announced that he will commute the sentences of nearly 2,500 inmates serving long prison terms for…
Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor vehicle negligence…
In September 2023, then-Governor Roy Cooper appointed Allison Riggs to fill a vacancy on the North Carolina Supreme Court created…
Most of the news I’ve gathered this week is from right here in North Carolina, but I’ll start with an…
With a teaser like that, who could resist reading more? The 2025 edition of my online guide to expunctions is…
Last month, the Court of Appeals ruled that police coerced a suspect into agreeing to let them search his backpack.…
North Carolina is a bilateral conspiracy jurisdiction. Defining conspiracy as a combination of two or more persons to do an…
I mentioned in a recent News Roundup that the U.S. Supreme Court granted review in Smith v. Arizona. The case…
I am pleased to announce that the updated chapters in the Criminal Series of the Clerks’ Manual are now available.…
This post summarizes a published Fourth Amendment decision released by the Fourth Circuit Court of Appeals during September 2023. Cases…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 17, 2023. These…
The Colorado Supreme Court upheld the search of Google users’ keyword history to identify suspects in a 2020 fatal arson…
Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone or computer.…
This post covers recent statutory changes related to the custodial interrogation of youth who are 16 and 17 years of…
In the waning weeks of his four-year term, President Biden announced commutations of 37 of 40 federal death sentences. With…
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20, 2023. These…
Suppose the defendant is on trial for murder. He argues he shot the victim in self-defense. The State elicits testimony…
