News Roundup
Bill Cosby was released from prison this week after the Pennsylvania Supreme Court ruled that his 2018 prosecution for sexually assaulting Andrea Constand violated due process. In 2018, Cosby was […]
July 1, 2021
Applying the Statute of Limitations to Failure to Appear for an Implied Consent Offense
Nearly 15 years ago, the General Assembly created the misdemeanor offense of failing to appear for two years for an implied consent offense. See S.L. 2006-253 (enacting new G.S. 20-28(a3), […]
June 25, 2021
News Roundup
On Wednesday, President Joe Biden announced a “comprehensive strategy to combat gun violence and other violent crime” ahead of the summer months when major cities often experience increased gun violence. […]
June 24, 2021
Case Summaries — United States Supreme Court (June 23, 2021)
This post summarizes the United States Supreme Court’s decision in Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021). This summary will be added to Smith’s Criminal […]
June 22, 2021
Dispelling Transfer Confusion: 10-Day Appeal Window, Orders for Arrest
My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case […]
June 21, 2021
With Enactment of SB 255, COVID-19 Emergency Directives Come to an End
Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary […]
June 18, 2021
News Roundup
ABC News reports that approximately 50 police officers resigned en masse from the Portland Police Bureau’s Rapid Response Team this week after a member of the team was indicted by […]
June 17, 2021
Case Summaries: N.C. Court of Appeals (June 15, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 15, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free […]
June 16, 2021
Incompetent Wards and the Sex Offender Registry
I received an interesting question recently when I taught about the intersection of criminal defense and Chapter 35A incompetency. Suppose a person is adjudicated incompetent in a Chapter 35A proceeding […]
June 15, 2021
Case Summaries: Fourth Circuit Court of Appeals (May 2021)
This post summarizes published criminal law decisions released by the Fourth Circuit Court of Appeals in May 2021 that may be of interest to state practitioners.
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