Just Say No to Commenting on the Defendant’s Failure to Testify
While a prosecutor in a criminal trial may comment on a defendant’s failure to produce witnesses or evidence to contradict or refute the State’s case, a prosecutor may not make […]
April 22, 2024
Confidential Informants, Motions to Reveal Identity, and Discovery: Part I, Roviaro v. U.S.
Today I begin a series of blog posts discussing the law around confidential informants, motions to reveal identity, and discovery. Technological developments have made it more common for law enforcement […]
April 11, 2024
Does Waiver by Conduct Remain a Third Way to Lose the Right to Representation?
The North Carolina Court of Appeals first recognized the concept of waiver by conduct in State v. Blakeney, 245 N.C. App. 452 (2016). There, the Court set forth three ways […]
April 2, 2024
Criminal Processes in the Context of the Pretrial Integrity Act
By now, court officials are familiar with the pretrial release laws as amended by the Pretrial Integrity Act. The application of G.S. 15A-533(b) regarding defendants charged with certain high-level felonies […]
March 14, 2024
Court of Appeals Holds that State Constitution Prohibits Substitution of Alternate Jurors After Deliberations Begin
Author’s Note: The North Carolina Supreme Court in State v. Chambers, 56PA24, __ N.C. __ (May 23, 2025), reversed the opinion below, holding that provisions of G.S. 15A-1215(a) permitting the […]
March 12, 2024
Within the Four Corners: Scouring Indictments for Missing Elements in State v. Jackson and State v. Coffey.
Two recent opinions from the Court of Appeals illustrate the remarkable controversy currently underway over the specificity required of indictments. In State v. Coffey, No. COA22-883, 2024 WL 675881 (N.C. […]
March 6, 2024
State v. C.K.D.: Knoll What?
I have written before about the cache associated with a handful of unpublished opinions from the North Carolina Court of Appeals. Sure, they aren’t binding, but they can be persuasive. […]
February 26, 2024
When (and If) an Order for Arrest Should Issue after Dismissal to the Grand Jury
It is no secret that probable cause hearings are rare throughout North Carolina, despite clear provisions for conducting them in the general statutes. See G.S. 15A-606, 611-614. The reasons for […]
February 19, 2024
Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?
If I had to answer the question in the title of this post in the briefest possible way, I would say: not usually. But there’s a lot of uncertainty and […]
February 14, 2024
Aggregating Value: A Prosecutor’s Guide to the New G.S. 15A-1340.16F
A new statute, effective next month (March 1, 2024), will give prosecutors greater power to combine the value of stolen property to justify a harsher sentence for certain financial crimes. […]
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