Category: Legal Law

A few weeks ago I wrote about provisions of the 2023 Appropriations Act that affect the judiciary. Among those changes…

Law enforcement has authority to seize a person’s motor vehicle in several circumstances. Motor vehicles may be seized as evidence…

Inquisitive police officers regularly ask suspects questions like “Can I take a look at your phone?” or “Can I see…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 31, 2024. These…

The Pretrial Integrity Act has been in effect for one month now and has generated several questions about the implications…

A group in Massachusetts is working to clear the names of people accused of witchcraft, according to this report from…

On New Year’s Eve, the North Carolina Court of Appeals issued an opinion in No Limit Games, LLC v. Sheriff…

I previously blogged about the new misdemeanor crime of domestic violence, which will take effect on December 1, 2023. For…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 7, 2023. These…

Police in Boone may have narrowly averted a mass shooting this week. According to WRAL, Peter Gabaree was asked to…

I recently finished a new Administration of Justice Bulletin on Pretrial Release in Criminal Domestic Violence Cases. It is available here as…

Is fentanyl an opiate?  That’s the question the prosecutor asked a witness in State v Gibbs.  The trial court overruled…

Our cell phones and laptops normally are subject to a reasonable expectation of privacy, meaning that police cannot search them…

Joanna Julius was riding as a passenger in her parents’ car in McDowell County when the person driving the car…

The Supreme Court announced on Monday its adoption of a Code of Conduct setting out the ethics rules and principles…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during October 2023.…

My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned…

Consider a fact pattern that takes place every day, all across the country: a police officer stops a motorist for…

One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 21, 2023. These…

A Wisconsin official who posted a photo of his marked ballot on Facebook during the April 2022 election had felony charges against…

The Supreme Court’s big Second Amendment case this term was United States v. Rahimi, 602 U.S. __ (2024), which I…

At the Criminal Justice Innovation Lab, we’re focused on an evidence-based approach to criminal justice issues. We deal with a…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 2024. These…

The biggest news story of the week is a gunman’s attempt to assassinate former president and current presidential candidate Donald…

Special thanks to Sheridan King, Summer Law Fellow at UNC SOG, for her significant contributions to the research and development…

Session Law 2024-17 enacts changes to the law regarding the scope of original juvenile jurisdiction beginning with offenses committed on…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June 2024.…

I am pleased to announce that Belal Elrahal joined our faculty earlier this month. Belal is working in the field…

 The lead criminal law story this week relates to the Illinois deputy charged in connection with the fatal shooting of…

North Carolina will soon have a new law, effective October 1, 2024, that prohibits local governments, state agencies, the judicial…

In July, the General Assembly enacted S.L. 2024-43 (H 25), legislation that makes three significant changes to the laws governing…

Stops are down but traffic fatalities are up. According to this article from The New York Times, local law enforcement…

An Inconvenient Cop is a book authored by long-time NYPD officer and whistleblower Edwin Raymond along with professional writer Jon…

Sticky-fingered Sam goes to the local shoe store to purchase a new pair of shoes. The last pair of shoes…

We recently added 2022 and 2023 Automated Criminal Infractions System (ACIS) court records data to our Measuring Justice Dashboard. We…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6, 2024. These…

Last week, the Department of Defense announced that 9/11 mastermind Khalid Shaikh Mohammad and two co-defendants had reached plea deals.…

According to the Department of Housing and Urban Development, well over half a million people are unhoused on any given…

Around this time of year, many Americans begin to think about Santa. Will he visit? What will he bring? Will…

Evidence of prior bad acts is admissible unless the only reason for introducing the evidence is to show the defendant’s…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 17, 2024. These…

My colleagues have covered the retroactivity rules many times before on the blog but the analysis for determining the retroactivity…

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 13, 2024. These…

Local news became national news this week when a man serving life imprisonment for the murder of a one-year-old child…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during November 2024.…

Following the Senate, the North Carolina House of Representatives voted to override Governor Cooper’s veto on Session Law 2024-57 (Senate…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July 2024.…

Author’s Note: The Court of Appeals withdrew the decision on which this post is based on August 30, 2024. The…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2024. These…

Verizon Wireless is facing a lawsuit after a man claiming to be a detective with the Cary Police Department was…

The North Carolina Supreme Court’s opinion in State v. Singleton, No. 318PA22, __ N.C. __ (2024), brings about a transformation…

Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit an offense.…

The top story this week is the arrest on Monday of Luigi Mangione, 26, accused of fatally shooting UnitedHealthcare CEO…

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on August 23, 2024. These…

Yesterday, the General Assembly overrode Governor Cooper’s veto to enact S.L. 2024-57 (S 382). The legislation, which was focused in…

In national news, prosecutors filed a superseding indictment in the federal criminal case against Donald Trump after the Supreme Court…

Shea wrote about changes to the law around the practice of entering low-level felony pleas in district court last fall,…

The defendant presented competent evidence tending to show that he was acting in self-defense when he shot Raquan Neal, the…

Effective December 1, 2023, Session Law 2023-151 amended G.S. 14-56 (Breaking or entering into or breaking out of railroad cars,…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2024. These…

The most significant criminal law story this week was the mass shooting at Apalachee High School in Barrow County, Georgia.…

Coke claimed the common law was the perfection of reason. Our Supreme Court began its recent opinion in State v.…

I am thrilled to announce the availability of a new publication, Driver’s License Revocations, Restorations, and Limited Driving Privileges in North…

It’s Friday the 13th, and a corpse was found in a Raleigh Food Lion freezer earlier this week, according to…

Law enforcement officers sometimes damage property in the course of their work. For instance, they may break down a door…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during August of…

According to this story, the CEO of United Health Care, Brian Thompson, was walking through Manhattan on his way to…

Attorneys practicing in criminal superior court are likely familiar with the process of giving notice of appeal to the appellate…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 3, 2024. These…

As regular readers know, the U.S. Supreme Court decided Smith v. Arizona, 602 U.S. 779 (2024), this past June. The…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 17, 2024. These…

Regular readers know that I am interested in the criminal prosecution of Sam Bankman-Fried, who is currently serving 25 years…

The U.S. Supreme Court held in Blakely v. Washington, 542 U.S. 296 (2004) that any contested fact that increases the…

A question that arises with some frequency is whether the district attorney is free to unilaterally “reset” a matter in…

The Associated Press reports here that “President Joe Biden pardoned his son, Hunter, sparing the younger Biden a possible prison…

Looking for some interesting topics to discuss over Thanksgiving dinner? The criminal summaries for this legislative session are now available…

When Session Law (S.L.) 2024-17 takes effect next Sunday, December 1, cases in which a Class A – E felony…

For the final installment of this series on confidential informants, motions to reveal identity, and discovery, we will look at…

After serving 30 years in prison for killing her two sons, Susan Smith appeared Wednesday before a parole board in…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 19, 2024. These…

Years ago, I wrote this post about when evidence of an officer’s prior misconduct must be disclosed by the prosecution…

A 23-year-old NC State University student was charged with felony assault last Friday after a week-long flurry of rush-hour shootings…

I work in the field of criminal law and have penchant for Southern Gothic (and also I am human) so…

In State v. Jackson, No. COA23-637 (Oct. 1, 2024), the Court of Appeals considered whether an officer had reasonable suspicion…

After a plea deal between 9/11 mastermind Khalid Sheikh Mohammed and the U.S. government was declared void by order of…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 5, 2024. These…

A few months ago, I wrote about Session Law 2023-151 providing for new sentencing enhancements for breaking or entering motor…

The “48-hour rule,” as it is known in domestic violence cases, has been covered on this blog numerous times over…

Five years ago, I wrote about geofence warrants. I said then that “there are zero cases on Westlaw . .…

People of a certain age will remember the Menendez brothers, Lyle and Erik. In 1989, when they were 21 and…

Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor vehicle negligence…

This is Part V of a multi-part series on confidential informants (“CI’s”), motions to reveal the identity of CI’s, and…

Police in Durango, Colorado, shared a video on Facebook this week of their pursuit and capture of an escaped kangaroo.…

I recently gave a criminal law case update to a group of judges.  I had quite a few cases that…

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 18, 2024. These…

A new law governing capacity to proceed in delinquency cases is set to take effect beginning with offenses committed on…

North Carolina doesn’t have a land border with Mexico or Canada, so most people don’t think of us as a…

In the aftermath of the widespread destruction wrought by Hurricane Helene, federal and state officials have begun providing relief assistance…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 15, 2024. These…

In response to the devastation caused by Hurricane Helene, the Chief Justice of the North Carolina Supreme Court entered an…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during September 2024.…

In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect,…

Our hearts remain with the communities in Western North Carolina devastated by Hurricane Helene. On Wednesday, lawmakers unanimously passed “The…

About a year ago, I wrote to let readers know that several chapters in the criminal law section of the…

Singleton was supposed to make things simpler. As previously reported, in that case our Supreme Court attempted to eliminate some…

In September, the Fourth Circuit Court of Appeals issued a significant decision affecting the hemp industry on the federal level.…

The current law that governs a juvenile’s capacity to proceed in a delinquency matter matches part of the criminal law…

I am excited to share the latest annual report from the North Carolina Judicial College. Spoiler alert: In fiscal year…

The state legislature recently passed a law making patient brokering a felony. If you haven’t heard of patient brokering, well,…

The State of Missouri put Marcellus Williams to death Tuesday, despite opposition from St. Louis County Prosecuting Attorney Wesley Bell…

There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have died; lost…

I recently taught a session at the magistrates’ conference about arrestable conditions of pretrial release. The session sparked a lot…

In 2017, the General Assembly ratified S.L. 2017-166 regulating “fully autonomous vehicles” on state roadways. Shea wrote about that legislation…

Our hearts are with our clients and others who have been affected by Hurricane Helene. Expertise among faculty and staff…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 1, 2024. These…

The U.S. Supreme Court recently decided Smith v. Arizona, 602 U.S. ___; 2024 WL 3074423 (June 21, 2024) (Kagan, J.).…

Back in May, it appeared that North Carolina lawmakers were moving toward a repeal of automatic expunctions of dismissed charges.…

Two men fined in 2018 for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2024. These…

In a case decided earlier this month, the Court of Appeals overturned the defendant’s conviction for kidnapping when the evidence…

The North Carolina General Assembly has temporarily adjourned for the short session, with plans to reconvene a few more times…

On June 25, 2024, changes to the HIPAA Privacy Rule aimed at supporting reproductive health care privacy went into effect.…

Across North Carolina, there are 55 child advocacy centers (CACs) providing services to children who have experienced maltreatment, including physical…

On June 21, the Supreme Court decided a highly-anticipated Second Amendment case. In United States v. Rahimi, 602 U.S. __…

Last week, Louisiana became the first state to allow surgical castration as punishment for sex crimes against children. Effective August…

This post summarizes Smith v. Arizona and United States v. Rahimi from the Supreme Court of the United States, decided on June…

My colleague Jeff Welty has covered the U.S. Supreme Court’s decision in New York Rife and Pistol Association, Inc. v.…

Is the court bound to order a certain disposition in a delinquency matter when the juvenile and the prosecutor agree…

This is Part III of a multi-part series on confidential informants. Earlier posts focused on the foundational concepts of U.S.…

The biggest story in criminal law this week was undoubtedly the arrest of Justin Timberlake, former member of The Mickey…

When a person is arrested, a law enforcement officer must take that person before a judicial official without unnecessary delay.…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2024. These…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2024.…

As AP News reports, Hunter Biden, the son of President Biden, was convicted of three felony offenses in a federal…

In March 2021, several news organizations filed a petition in Alamance County Superior Court seeking the release of law enforcement…

In its last batch of opinions, issued May 23, 2024, the North Carolina Supreme Court decided two indictment cases: State…

Three years ago, the North Carolina Supreme Court in State v. Corbett, 2021-NCSC-18, ___ N.C. ___, 855 S.E.2d 228, 252…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2024. These…

In North Carolina, driver’s licenses are revoked for failure to appear in court (FTA) and failure to pay court-ordered monetary…

Former President Donald Trump was found guilty of 34 felonies in his “hush money” trial in New York yesterday, making him…

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on May 23, 2024. These…

In Part I of a series of posts on confidential informants, I revisited the landmark case of U.S. v. Roviaro,…

Are there limits on the court’s ability to continue the dispositional hearing in a delinquency case? The Court of Appeals…

The trial of former U.S. President Donald Trump for alleged falsification of business records is nearing its conclusion. The prosecution’s…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 21, 2024. These…

A couple of weeks ago, I wrote about the prohibition against the State commenting on a defendant’s failure to testify,…

This post summarizes published criminal and related decisions of interest from the Fourth Circuit Court of Appeals in April 2024.…

With few exceptions, new law enforcement officers in North Carolina are required to complete a course called Basic Law Enforcement…

It sounds like there’s a criminal trial of some kind going on in New York, but the big trial this…

Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it…

Statutes prescribing simplified charging language were intended to alleviate the burdensome pleading requirements of the common law.  See Wayne R.…

The first criminal trial of a former U.S. President continues to dominate the news. Trump’s trial on state charges of…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 7, 2024. These…

Intimate partner violence is abuse or aggression that occurs in a romantic relationship, usually between current or former spouses or…

Homelessness is a challenging problem. Some cities have attempted to address it, in part, by prohibiting sleeping or camping in…

The week began with tragedy. Four law enforcement officers were killed Monday afternoon in Charlotte when they attempted to serve…

The UNC School of Government will be hosting a FREE one-hour webinar on self-defense law on May 15, 2024, at…

While a prosecutor in a criminal trial may comment on a defendant’s failure to produce witnesses or evidence to contradict…

A lawsuit has been filed against the North Carolina Department of Health and Human Services and its secretary, asserting that…

Most readers of this blog are familiar with Arrest, Search, and Investigation in North Carolina. For those who are not,…

In this brief blog I want to announce updated editions of two much lengthier resources. One is my Guide to…

When the court issues an order of disposition committing a juvenile to a youth development center (YDC), that commitment is…

Today I begin a series of blog posts discussing the law around confidential informants, motions to reveal identity, and discovery.…

The first criminal trial of a former U.S. president began this week in Manhattan. Donald Trump faces 34 felony counts…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2024. These…

This post summarizes a published criminal law released by the Fourth Circuit Court of Appeals during March 2024. Cases of…

A common point of confusion among law enforcement and the public is about the use of unlabeled pill bottles. Is…

The right to appeal an order in a delinquency matter is established in G.S. 7B-2602 (Right to appeal) and G.S.…

Nationally, the biggest criminal law story this week was the sentencing of James and Jennifer Crumbley. They’re the parents of…

The North Carolina Court of Appeals first recognized the concept of waiver by conduct in State v. Blakeney, 245 N.C.…

In Part I of my Spring 2024 cannabis update, I discussed the search and seizure issues arising in North Carolina…

Robbery is larceny from the person by violence or intimidation.  The exact relationship between the taking and the violence is…

It has been a while since my last post on cannabis and criminal law issues, and it is past time…

Reuters reports that threats against federal judges have substantially increased over the last several years. Threats deemed “serious” by the…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2, 2024. These…

In 2023, the North Carolina General Assembly approved funding to create eight new public defender districts. The eight new districts…

By now, court officials are familiar with the pretrial release laws as amended by the Pretrial Integrity Act. The application…

Law enforcement officers frequently call on prosecutors for advice. Prosecutors generally see responding to such requests as part of their…

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 22, 2024. These…

Prayer for judgment continued or a “PJC” is a common disposition in criminal cases, most frequently for traffic law violations…

Today is GiveUNC. According to the GiveUNC website, this is “a day when alumni, friends, faculty [and staff] and other…

Video evidence authentication has received a fair amount of treatment on this blog. The topic remains an area of practical…

On Monday, the Louisiana Senate unanimously passed a bill that would make it a crime to knowingly import, transport, buy,…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 19, 2024. These…

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2024.…

This post is co-authored with SOG faculty member Kristina Wilson and is cross-posted to the Coates’ Canons blog. When and…

Last week, in the first part of this two-part series, I talked about the “crime of domestic violence” ground of…

Raleigh is ending its red-light camera program after two decades of operation. The News and Observer has the story here.…

When a deliberating juror in Eric Chambers’ April 2022 murder trial told the presiding judge that he could not be…

This post summarizes McElrath v. Georgia from the Supreme Court of the United States, decided on February 21, 2024. This…

Two recent opinions from the Court of Appeals illustrate the remarkable controversy currently underway over the specificity required of indictments. …

A noncitizen can lose status—that is, the right to be in the U.S.—and be forced to leave if he or…

A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state…

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2024. These…

I have written before about the cache associated with a handful of unpublished opinions from the North Carolina Court of…

The national crime rate continues to attract a lot of media attention, but I haven’t seen much on North Carolina-specific…

Magistrates are often referred to as the “first face” of the judicial system for most citizens. They serve the public…