This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during November 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. Continue reading
Blog Archives
It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details. Continue reading →
Category: Crimes and Elements, Evidence, Procedure, Search and Seizure, Uncategorized | Tags: Arthur, cannabinoids, cannabis, delta-9 THC, drug ID, drug identification, fletcher, hemp, Industrial Hemp Act, marijuana, osborne, Rule 702, schedule VI, sufficiency of the evidence, teague, THC, ward
This post summarizes criminal decisions published by the Fourth Circuit Court of Appeals during September 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. Continue reading →
Category: Uncategorized
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during August 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. Continue reading →
Category: Uncategorized
It’s been nearly a year since I’ve written about cannabis issues in the state. Many of the issues I’ve discussed here before remain unresolved, but there has been recent legislation and a new case impacting this area. This post examines the current state of the law on hemp and marijuana. Continue reading →
Category: Crimes and Elements, Search and Seizure, Uncategorized | Tags: 90-94, cannabis, delta-8, delta-9, drugs, hemp, marijuana, probable cause, state v. highsmith, THC
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during July 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. Continue reading →
Category: Case Summaries | Tags: 4th Cir., 4th Circuit, case summaries, Fourth Circuit Court of Appeals, July 2022
I’m pleased to announce that a new project, the North Carolina Criminal Debrief Podcast, is up and running. As you might guess, the podcast focuses on criminal law issues affecting the state. The idea is to provide another platform for folks to stay abreast of developments in the field in a way that is accessible to both court system actors and the public at large. You can tune into the podcast on the SOG website at the link above or on Spotify, Stitcher, or Apple. If you like what you hear, please like, subscribe, and pass it along!
Three episodes are currently available, and I expect to release new ones each month or so. The episodes have focused on case and legislative updates so far, but I plan to have interviews with guests and focused episodes digging into specific topics. The most recent episode covers the last-minute legislative changes passed this summer to preserve the state hemp industry, recent decisions by the U.S. Supreme Court, and the recent decisions by the North Carolina Supreme Court on de facto life sentences for juvenile offenders. It is around 30 minutes, which is half as long as the first couple of episodes. It’s still an evolving project and I would love any feedback or suggestions. Is there something you would like to see covered? Any other thoughts on the format? Shoot me an email and let me know. As always, I can be reached at dixon@sog.unc.edu.
Lately I have received a number of questions relating to whether it is appropriate to return guns following a temporary firearms disqualification. The issue seems to arise most commonly when a domestic violence restraining order (“DVPO”) is issued under Chapter 50B of the North Carolina General Statutes, which requires the surrender of guns by a defendant in certain circumstances and allows the defendant to seek return of the guns following the expiration of the order and final disposition of any related criminal charges. See G.S. 50B-3.1.
The issue of returning guns could pop up in other circumstances involving the seizure or surrender of guns. An interplay of state and federal law determines whether a person is disqualified from possessing firearms, temporarily or permanently, and some of the wrinkles are counterintuitive. This post examines some of the most common grounds for disqualification and discusses some limits of state authority in this area. It’s long, but I hope readers find it useful. Continue reading →
Category: Crimes and Elements, Procedure | Tags: 50B, 50C, civil no-contact order, domestic violence restraining order, DVPO, federal disqualification, guns, incapacity, incompetency, involuntary committment, misdemeanor crime of domestic violence, possession of firearm by felon, possession of firearms, protective orders, restoration, return of firearms, return of guns
This post summarizes published criminal decisions released by the Fourth Circuit Court of Appeals during June 2022. Decisions that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. Continue reading →
Category: Case Summaries | Tags: 4th Circuit, case summaries, fourth circuit, Fourth Circuit Court of Appeals, June 2022
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during May 2022. Decisions that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. Continue reading →
Category: Case Summaries | Tags: 4th Cir., case summaries, Fourth Circuit Court of Appeals, May 2022
