This post summarizes the published criminal opinions from the Court of Appeals of North Carolina released on October 15, 2025.
News Roundup
NBC has this article up about the top national criminal law story of the moment. It notes that “[a] federal grand jury indicted former national security adviser John Bolton on Thursday, making him the third critic of President Donald Trump to face criminal charges in recent weeks.” The article goes on to state that “Bolton was indicted in federal court in Maryland, where he lives and where prosecutors have been investigating whether he improperly retained classified materials after his acrimonious departure from the first Trump administration. The indictment charges him with eight counts of transmission of national defense information and 10 counts of retention of national defense information.” The transmission counts apparently are based on Bolton sending diary-style materials to two relatives. Bolton’s legal team contends that he is innocent and has been unfairly targeted based on his acrimonious relationship with President Trump.
Disclosure of Child Welfare Records in Cases Where DSS is Not a Party
Child welfare records maintained by a department of social services (DSS) contain sensitive information that parties in various proceedings are often interested in seeing. A complex web of state and federal law governs the disclosure of these records – more than I can cover here. For purposes of this post, it’s sufficient to know that G.S. 108A-80 is a broadly applicable confidentiality statute that applies to DSS and covers client information generally. Absent limited statutory exceptions, G.S. 108A-80(a) prohibits disclosure of information related to individuals who apply for or receive public assistance or social services, including child welfare services.
Child welfare information is also subject to an additional set of confidentiality restrictions under Chapter 7B of the North Carolina General Statutes. For example, G.S. 7B-302 makes information that is obtained by DSS related to a juvenile’s alleged abuse, neglect, or dependency (A/N/D) confidential. Similarly, G.S. 7B-2901(b) requires DSS to maintain confidential records of juveniles it has in its custody. Both statutes provide exceptions to the confidentiality requirement.
This post explores how the exceptions in G.S. 7B-302 and 7B-2901(b) apply when a party—either in a North Carolina civil case where DSS is not a party or in a criminal or delinquency matter—wants DSS child welfare records about someone other than themselves. Note that in this post I use the term ‘DSS records’ to refer to child welfare records maintained by DSS, including those from juvenile A/N/D proceedings.
Evaluating the Impact of Burlington’s Mental Health Co-Responder Program
Earlier this month, the School of Government’s Criminal Justice Innovation Lab released our final report evaluating the Burlington Police Department’s mental health co-responder program. This report is the culmination of a two-year partnership between the School, the Burlington Police Department, RHA Health Services, and the North Carolina Association of Chiefs of Police. The evaluation speaks to the impact of the co-responder program on the police department, the clients served, and the broader community. We also included recommendations on data collection for other agencies that may be interested to conduct similar evaluations. This post summarizes the findings and the recommendations.
A Nice Knock-Down Argument: Statutory Construction in Jenkins and Hardaway.
Under G.S. 14-34.10, it is a felony for any person to discharge a firearm within any occupied enclosure, such as a motor vehicle, with the intent to incite fear in another. G.S. 14-34.10. In State v. Jenkins, No. COA24-889 (N.C. Ct. App. Aug. 6, 2025), the Court of Appeals held that the plain language of this statute was satisfied by a defendant who fired a gun from inside his car, injuring a victim in another car. More recently, in State v. Hardaway, No. COA24-538 (N.C. Ct. App. Oct. 1, 2025), the Court of Appeals, over a doubtful concurrence, found itself bound by Jenkins. This post considers the statutory construction of G.S. 14-34.10 in Jenkins and Hardaway.
New Paper on Contracts Between Cities and Sheriffs (and Counties) for Law Enforcement Services
I recently completed a new paper on contracts between cities and sheriffs for law enforcement services. It is available here.
Dozens of North Carolina municipalities have decided not to operate their own police departments, and instead have entered into contracts with their local sheriffs’ offices for designated levels of law enforcement services. There are plusses and minuses to such arrangements, which the paper details. It also notes some of the terms that parties considering such contracts may wish to include, and discusses the formalities required for each side to enter into such agreements.
News Roundup
The U.S. Supreme Court denied review of Ghislaine Maxwell’s convictions for sex trafficking of a minor and other crimes this week, according to SCOTUSblog. Maxwell, the longtime partner and co-conspirator of Jeffrey Epstein, is serving a 20-year sentence in federal prison. The denial marks the end of Maxwell’s hopes for relief on direct appeal. On the Second Amendment front, the Court recently agreed to hear a challenge to Hawaii’s criminal prohibition on carrying concealed handguns on private property without express authorization by the property owner. The Ninth Circuit previously upheld the law. The Court declined to review a decision of the Eighth Circuit striking down Missouri’s law forbidding state law enforcement officials from enforcing federal gun rules that state officials believe violate the Second Amendment, as noted here (a deeper analysis of the case is here for those interested). Read on for more criminal law news.
No Authority for Immediate Civil Judgments on Criminal Costs and Fines
The practice of ordering a civil judgment for costs and fines at the outset of a criminal case has run its course.
Domestic Violence Charts Available
I am happy to announce the release of a new resource on Domestic Violence Crimes and the 48-Hour Rule. This guide is intended primarily to assist magistrates and others in applying the 48-hour rule as described in G.S. 15A-534.1. The printed version of the guide uses a trifold design which opens to one long chart of offenses covered under the terms of the statute.
Case Summaries: N.C. Court of Appeals (Oct. 1, 2025)
This post summarizes the published criminal opinions from the Court of Appeals of North Carolina released on October 1, 2025.