Latest posts in category Procedure on North Carolina Criminal Law Blog

More than thirty years before the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963), determined that the Sixth Amendment guarantee of appointed counsel for indigent defendants […]

In my last post, I noted that I am doing more work in the area of extradition. The news generated a lot of great questions, many of which I hope […]

The statutory right to use deadly force in self-defense is not available to one who was committing a felony. G.S. 14-51.4(1). In State v. McLymore, 380 N.C. 185 (2022), the […]

Extradition is the procedure by which a person who has committed a crime in one state, escaped from custody in one state, or violated probation, parole or post-release supervision imposed […]

I am excited to announce that I have published a bulletin on Iryna’s Law and Pretrial Release. The bill under which it was enacted, Session Law 2025-93 (HB 307), made […]

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 […]

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 […]

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 […]

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 […]

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 […]