This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals in December, 2019. Decisions of interest to state practitioners will be posted on a monthly basis. Previous Fourth Circuit case summaries are available here.
Phil Dixon
Case Summaries: N.C. Court of Appeals (Jan. 7, 2020)
This post summarizes published criminal opinions from the North Carolina Court of Appeals decided yesterday, Jan. 7, 2020.
Pleading General Crimes and Theories of Liability
Questions frequently arise about the requirements to charge the various types of general crimes like attempt, conspiracy, and accessory. A related question is whether the theory of liability, such as acting in concert or aiding and abetting, must be specifically pled. For defenders new to felony work, it can come as an unwelcome surprise to discover the jury is being instructed on an unexpected theory not identified in the pleading. This post lays out the basics for pleading general crimes and theories of liability of participants in the crime and links to the jury instructions for each.
Case Summaries: Fourth Circuit Court of Appeals – November, 2019
This post summarizes published decisions from the Fourth Circuit Court of Appeals that may be of interest to state criminal practitioners from November, 2019.
Carts, Wax, and Oh, My: The New World of Marijuana Extracts
The advent of cannabis legalization across the country has led to a proliferation of new types of cannabis products. There are skin patches, food and drinks (for humans and pets), vaporizer or “vape” cartridges (or “carts”), and different concentrate or extract products (“dabs”, “wax” or “shatter”, among other names). [Click that last link and scroll down to see a chart listing the different forms of extracts and their names.] The products can be made from lawful hemp, or from illegal marijuana alike. The illegal versions have found their way into North Carolina, and questions abound regarding how to handle these cases. The questions most commonly involve wax and cartridges, so this post takes a look at the issues surrounding those cases (leaving the skin patches and edibles for another day).
Case Summaries–Fourth Circuit Court of Appeals (Oct. 2019)
This post summarizes published decisions from the Fourth Circuit Court of Appeals that may be of interest to state criminal practitioners from October, 2019.
Case Summaries: N.C. Court of Appeals (October 15, 2019)
This post summarizes published criminal decisions (and two other decisions of note) from the North Carolina Court of Appeals decided on October 15, 2019.
Case Summaries–Fourth Circuit Decisions (Sept. 2019)
This post summarizes published decisions from the Fourth Circuit of interest to state practitioners from September, 2019.
Sufficiency vs. Admissibility: Drug I.D. after State v. Osborne
In August, the North Carolina Supreme Court weighed in on drug identification once again in State v. Osborne, ___ N.C. ___ (August 16, 2019). I wrote about the earlier Court of Appeals decision in the case, here. The new Osborne decision clarifies the application of drug identification rules as well as sufficiency of the evidence in this context.
Case Summaries–Fourth Circuit Decisions (August 2019)
This post summarizes decisions published during August 2019 by the Fourth Circuit Court of Appeals that are of interest to state practitioners.