Articles in the Procedure category - Page 3 of 78

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]