DMV Hearings and Procedural Due Process
Earlier this year, the North Carolina Court of Appeals in Edwards v. Jessup, 282 N.C. App. 213 (2022), considered whether a license revocation hearing in which a hearing officer employed […]
August 15, 2022
Public Access to the Mar-a-Lago Search Warrant (and Other Federal Search Warrants and Related Documents)
Last week, the FBI searched former President Trump’s home at the Mar-a-Lago Club pursuant to a search warrant. At first none of the relevant documents were publicly available. The application, […]
August 9, 2022
Determining Eligibility for Return of Guns
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 […]
August 2, 2022
Additions and Amendments to Organized Retail Theft Laws
The North Carolina General Assembly recently passed S.L. 2022-30 (S 766) which increases the penalties for organized retail theft, provides additional penalties for damage to property or assault of a person […]
June 29, 2022
COVID and the Due Process Rights of Incarcerated Parents
Below is a post I recently published on our On the Civil Side blog that I thought would be of interest to defense attorneys. The post explores the appeal of […]
June 14, 2022
The Court Appearance Project
Diverse teams of justice system stakeholders in New Hanover, Orange, and Robeson counties participated in the North Carolina Court Appearance Project, seeking to improve local court appearance rates and develop […]
April 18, 2022
Malicious Prosecution and the Supreme Court’s Recent Ruling in Thompson v. Clark
The Supreme Court of the United States decided a malicious prosecution case earlier this month. The case is Thompson v. Clark, 596 U.S. __ (2022), and it has been the […]
March 21, 2022
North Carolina Magistrates Authorized (Again) to Conduct First Appearance in Limited Circumstances
The North Carolina General Assembly revisited the authority of magistrates to conduct first appearances in Session Law 2022-6 (H243). The General Assembly ratified the law on 3/11/2022, and the Governor […]
March 8, 2022
Prosecuting Defendants in Bankruptcy
This post summarizes an unusual point of law that recently caught me by surprise, and it’s one which I don’t believe we’ve ever directly covered on the criminal law blog […]
January 25, 2022
New Resource on Juvenile Transfer Procedure
A new Juvenile Law Bulletin, Transfer of Juvenile Delinquency Cases to Superior Court, is now available. Transfer is the procedure used to move a case that begins as a delinquency […]
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