June 29, 2023
Earlier this month, the state supreme court rejected a defendant’s challenge to his conviction for possession of a firearm by a felon pursuant to an indictment that failed to comport […]
June 15, 2023
Author’s Note: The Court of Appeals opinion in State v. Singleton that is discussed below was reversed by the North Carolina Supreme Court. You can read more about the North […]
June 14, 2023
The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length […]
April 19, 2023
Are you thinking about implementing a citation in lieu of arrest policy? Have you been implementing a policy and want to improve it? The UNC School of Government Criminal Justice […]
April 4, 2023
Pretrial release is generally set by magistrates at a defendant’s initial appearance. As a special approach to setting conditions of pretrial release, the “48-hour rule,” as it is known in […]
February 14, 2023
A non-lawyer might be forgiven for being somewhat confused by the rules governing indictments. The basics are summarized easily enough: a trial court’s jurisdiction depends on a facially valid indictment; […]
February 7, 2023
In December, the North Carolina Supreme Court decided State v. Atwell, 2022-NCSC-135, ___ N.C. ___ (2022)—its third time weighing in on the issue of forfeiture of counsel. The defendant had […]
January 25, 2023
In State v. McLymore, 380 N.C. 185, 868 S.E.2d 67 (2022), our Supreme Court held that Section 14‑51.3 “supplants the common law on all aspects of the law of self-defense […]
January 18, 2023
January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice […]
December 13, 2022
Incapacity to proceed under North Carolina General Statutes (G.S.) Chapter 15A and incompetency proceedings under G.S. Chapter 35A involve, at least in part, a court inquiry into someone’s cognitive abilities. […]