Does Indictment Error Now Require a Showing of Prejudice?
The defendant in State v. Phillips, No. COA25-275 (N.C. Ct. App. Jan. 7, 2026), argued the trial court erred by denying his pretrial motion to dismiss based on a defective […]
March 5, 2026
How Should a Trial Court Respond to a Note from the Jury?
Individual jurors or juries through their chosen foreperson sometimes send notes to the trial court in criminal trials. The content of this kind of communication varies. Sometimes a note reveals […]
February 26, 2026
Revisiting Simeon v. Hardin: Part III, Judge Shopping
In Part I and Part II of this three-part series revisiting the landmark calendaring case, Simeon v. Hardin, 339 N.C. 358 (1994), I explored the key issues of pretrial delay […]
January 29, 2026
Expunction Changes and Updated Expunction Guide for 2026
The 2025 legislative session was relatively quiet for expunction law but still potentially important for some people. I have incorporated the changes in the law into the latest version of […]
January 28, 2026
Orders for Arrest for Failing to Appear
Debbie Defendant is charged with misdemeanor stalking under G.S. 14-277.3A. She fails to appear in district court on January 23, 2026. The district court judge issues an order for Debbie’s […]
January 22, 2026
Revisiting Simeon v. Hardin: Part II, Lack of “Order” in the Trial Order
In Part I of this three-part series revisiting Simeon v. Hardin, 339 N.C. 358 (1994), I explored the district attorney’s calendaring practices that were challenged in the landmark case, and […]
January 13, 2026
Good for the Goose: Court of Appeals Sustains Pre-Singleton Rule in State v. Ramsey
A short-form murder indictment generally will not support a conviction for assault. That, at any rate, was the rule prior to State v. Singleton, 386 N.C. 183 (2024) (holding that […]
January 6, 2026
Pretrial Release and Rebuttable Presumptions
The last few years have brought about several changes to the laws surrounding pretrial release. Before many of these changes, there was a general rule that a defendant charged with […]
December 9, 2025
An Update on North Carolina’s Good Samaritan Harm Reduction Law
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 […]
November 20, 2025
State v. Wilson Clarifies When Batson Analysis Moves to Step Three
The Equal Protection Clause of the Fourteenth Amendment and Article 1, Section 26 of the North Carolina Constitution prohibit the exercise of peremptory challenges to strike prospective jurors based on their race. […]
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