In mounting a diminished capacity or voluntary intoxication defense in a first-degree murder case, the defense attempts to “negate” the element of specific intent, premeditation, or deliberation. To negate in […]
In an earlier blog post, I summarized North Carolina’s harm reduction immunity laws, including our safe syringe exchange law, G.S. 90-113.27, our Good Samaritan law, G.S. 90-96.2, and others. North […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 3, 2025. Trial court did not err by admitting expert testimony on historical […]
Elizabeth Holmes, who was convicted in 2022 for defrauding investors and is now serving time in federal prison, claimed this week that a key piece of evidence against her was […]
The North Carolina Supreme Court in State v. Chemuti, __ N.C. __, 920 S.E.2d 810 (2025), clarified the interplay between the statutory provisions in G.S. 132-1.4A governing release of certain […]
In October, we administered a class on DWI substantive law and procedure for District Court Judges and Magistrates. As part of that program, I took a group of judges to […]
Last week, I posted a short blog discussing the new category of violent offenses as defined by G.S. 15A-531(9). The post includes a chart of qualifying offenses for those who […]
For many years, it has been the rule in North Carolina that when multiple sentences of imprisonment are imposed, they run concurrently by default. That has been required by statute […]
December 1 is approaching, which means that many of the changes enacted by the General Assembly this session will be taking effect soon. Among the pending changes are those enacted […]
The 2025 legislative session resulted in a small number of changes to the laws that govern delinquency proceedings. They include extended terms of probation and post-release supervision in some cases, […]