North Carolina Criminal Law

No, Justice Ervin didn’t use the words hot mess. But anyone who slogs their way through the tortured procedural swamp that led to State v. Miller, __ N.C. __ (March […]

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On Friday, the Fourth Circuit, deciding “an issue of first impression,” ruled that a new trial is required when a defense lawyer sleeps through a substantial portion of a trial. […]

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Nearly five years ago, the U.S. Supreme Court decided J.D.B. v. North Carolina, a case arising from the police interrogation of a middle school student in Chapel Hill. In a […]

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In an opinion last week, the court of appeals helpfully summarized the law about how a defendant may lose the right to counsel, and may have recognized a new way […]

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Have you ever been involved in a case in which the defendant was convicted of a criminal charge, did his time, and then was served with an outstanding warrant even […]

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The Supreme Court issued a per curiam opinion yesterday, reversing the Sixth Circuit in a capital case. The opinion doesn’t necessarily break new doctrinal ground but it is an interesting […]

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Most drivers stopped on suspicion of impaired driving are asked to submit to field sobriety tests before they are arrested.  Those tests often include the three standardized tests, which researchers […]

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In the 2015 legislative session, the General Assembly made two significant changes to the pretrial release statutes: (1) it effectively repealed a “bond doubling” provision for defendants rearrested while on […]

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You represent a defendant charged with DWI. You move to suppress evidence in district court. The district court enters a preliminary determination in your favor. The State appeals. The superior […]

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I was on a panel about criminal case calendaring yesterday at the Courts Commission. While talking to people in preparation for the event, I kept hearing one thing: that North […]

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