This post summarizes published criminal decisions from the North Carolina Court of Appeals released on May 4, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
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Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic. Continue reading →
Category: Uncategorized | Tags: chief justice newby, COVID-19, emergency directives, remote proceedings, S 255
In 2016, the North Carolina Court of Appeals held in State v. Adams, 250 N.C. App. 664 (2016), that law enforcement officers acted lawfully when, lacking a warrant, they chased a man suspected of driving while license revoked into his home where they arrested him. The court determined that because the officers were engaged in hot pursuit, they did not need to establish additional exigent circumstances such as immediate danger or destruction of evidence to justify forcibly entering the suspect’s home. This year, the United States Supreme Court is reviewing a California case raising the same issue: Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant? See Lange v. California, 141 S. Ct. 1617 (2020) (granting review of People v. Lange, No. A157169, 2019 WL 5654385 (Cal. Ct. App. Oct. 30, 2019) (unpublished)). Continue reading →
Category: Search and Seizure | Tags: exigency, fourth amendment, hot pursuit, Lange v. california, misdemeanor, state v. adams, supreme court
Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic. Tomorrow marks a full year of altered court operations, as the first set of COVID-19 emergency directives became effective Monday, March 16, 2020. 
Category: Uncategorized
Twice over the last few weeks, I have been asked to teach public officials about North Carolina’s courts. In my day-to-day work, I spend a lot of time thinking about what our court officials do in particular cases and the law that governs those choices. I less often consider the structure in which they carry out that work. In preparing to talk about that broader topic, I gathered a few thoughts and, more importantly, links to important resources that I thought readers might find of interest. 
Category: Uncategorized | Tags: clerks, court system, district attorney, judicial branch, judicial selection, magistrates, public defender, quick facts, routes of appeal, uniform system
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on February 16, 2021. Gabrielle Supak and Shea Denning prepared these summaries. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. Continue reading →
Category: Case Summaries | Tags: attorney's fees, case summaries, civil judgment, court of appeals, flight, State v. Corpening, State v. Edwards
Chief Justice Newby’s latest order extending emergency directives issued in response to the COVID-19 pandemic became effective on Saturday. This post reviews the order and the directives therein, which have been extended for 30 days.
Continue reading →
Category: Procedure | Tags: Chief Justice Paul Newby, COVID-19, emergency directives, remote proceedings
Every practicing attorney and judge has by now likely seen the video of the Texas attorney who appeared at a court hearing conducted via Zoom in the form of a fluffy, white kitten. “I’m here live. I’m not a cat,” has emerged as the mantra of the week. The enthusiasm with which the recording has been shared reflects both the ubiquity of web-based hearings and the technological mishaps that can derail them. But technology is not the only thing that can go awry in a remote proceeding. Sometimes the problems are more fundamentally human, arising from behaviors that, were they committed in the courtroom, might lead to a finding of direct criminal contempt. Repeatedly talking over a judge or another litigant, arguing with a judge after having been asked to be quiet, cursing at a judge or another person present, using a racial slur, or appearing in a state of undress are examples. When a person engages in this sort of behavior in a remote proceeding, may the judge summarily punish the act as direct criminal contempt? Or must the judge issue an order to show cause and address the contemptuous behavior in a subsequent proceeding?
Category: Procedure | Tags: 5A-13, 5A-15, 5A-16, contempt, COVID-19, emergency directive 3, remote proceedings, summary proceedings, zoom
On Friday, Chief Justice Paul Newby entered an order extending the time for filing motions to set aside and objections to motions to set aside in bail bond forfeiture proceedings. Any such motion or objection due on or after April 14, 2020 and before or on February 27, 2021 will be timely filed if filed before the close of business on March 1, 2021.
Justice Newby’s January 29 order operates to further extend deadlines that were first extended by Chief Justice Beasley last April and that were re-extended by orders issued in September, November, and December. I thought I’d take a minute this morning to review the statutory procedures affected by these extensions.
Category: Procedure | Tags: 15A-544.3, 15A-544.4, 15A-544.5, 15A-544.6, 7A-39, bail bond forfeiture, bond forfeiture, chief justice newby, COVID-19, extension, motion to set aside, Rule 6, Rules of Civil Procedure, school board, stay
One of the last public events I attended before the pandemic upended life as we knew it were oral arguments before the United States Supreme Court. The week I was there turned out to be the last week of in-person oral arguments before arguments first were postponed and later resumed by teleconference. The Supreme Court took the long view of this interruption, noting that it was not unprecedented as the court had postponed arguments in October 1918 because of the Spanish flu epidemic and in 1793 and 1798 because of yellow fever outbreaks. Notwithstanding the change in procedures, the work of the high court — like the work of our state courts — continues. That work includes review in several criminal cases during its 2020 term.
Listed below are the principal criminal law cases currently before the Court, with a link to the docket entry for each case, followed by the Questions Presented. If telephonic oral argument has been held, the entry includes a link to the transcript of that argument.
