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News Roundup

One of the top stories this week is that of Decarlos Brown, who was charged in the fatal stabbing of a woman on a train in Charlotte. The crime occurred on August 22, but the Charlotte Area Transit System recently released surveillance footage to local media outlets, causing the case to garner national attention. Brown has been charged federally with committing an act causing death on a mass transportation system, which could result in the death penalty if convicted. Brown has also been charged in North Carolina with first-degree murder.

Republican leaders of the North Carolina General Assembly have since announced their plans to introduce wide-ranging legislation when they reconvene later this month. The legislators are aiming to advance a package of proposed laws in part designed to tighten pretrial release rules, create more oversight of and less discretion for magistrates, and restart the use of the death penalty in the state. Any criminal legislation that is enacted will be covered on this blog and included in our annual legislative summaries.

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Remote Hearings for Prisoners

During the pandemic, we got accustomed to doing certain court proceedings virtually—initially under authority of the Chief Justice’s emergency orders (which Shea discussed here), and later by statute, under G.S. 7A-49.6. That law allows “proceedings of all types” (with some exceptions and caveats) to be conducted using an audio and video transmission. The Department of Adult Correction (DAC) has issued new guidance on its process for scheduling virtual proceedings. Their General Counsel’s Office asked me to help spread the word about it to court officials.

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News Roundup

Jasveen Sangha, dubbed the “Ketamine Queen,” pled guilty on Wednesday to selling Matthew Perry the drugs that resulted in his death, as reported by the AP and ABC news. Perry was found dead at his home in Los Angeles, California, on October 28, 2023. Prosecutors said that Perry bought ketamine from Sangha four days before his death. Sangha pled guilty to five federal charges, including one count of distribution of ketamine resulting in death or serious bodily injury. She is scheduled to be sentenced on December 10. Read on for more criminal law news.

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State v. Moore: Some Foundation Required for DRE Testimony

In light of the recent Court of Appeals opinion State v. Moore, this post is a follow-up to the 2018 blog post State v. Fincher: No Foundation Required for DRE Testimony by my colleague Shea Denning.

Rule 702 of the North Carolina Rules of Evidence governs the admissibility of expert testimony. Rule 702(a) requires the proponent to show that the expert testimony is based on sufficient facts or data (Rule 702(a)(1)), the product of reliable principles and methods (Rule 702(a)(2)), and the result of the witness reliably applying the principles and methods to the facts of the case (Rule 702(a)(3)). That said, there are circumstances where the proponent is not required to make these showings. Rule 702(a1)(2) permits a witness to give expert testimony about whether a person was impaired, and by what category of impairing substance, “notwithstanding any other provision of law” when the witness holds a current certification as a Drug Recognition Expert (DRE). In a case of first impression, the Court of Appeals held that the proponent of expert testimony by a witness properly certified as a DRE must nonetheless meet the showing required by Rule 702(a)(3) that the testimony is the result of the witness reliably applying the principles and methods to the facts of the case. Read on for more detail.

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News Roundup

For the third week, federal forces continue to perform law enforcement duties in the District of Columbia pursuant to President Trump’s efforts to combat an alleged epidemic of crime there. This is despite the Department of Justice’s data indicating that violent crime in the district is at a 30-year low. The U.S. Attorney for the District of Columbia has instructed federal prosecutors to seek the highest possible charges against arrestees and to attempt to hold arrestees in pretrial detention. Some law enforcement encounters have raised questions about their legality, with a local U.S. Magistrate Judge recently describing one case as involving “the most illegal search I’ve ever seen in my life,” according to this report. Separately, the executive branch has announced plans to similarly deploy federal law enforcement in other cities like Chicago and New York, according to this story. Read on for more criminal law news.

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Case Summaries: N.C. Supreme Court (August 22, 2025)

This post summarizes the published criminal opinions from the North Carolina Supreme Court released on August 22, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no longer available. We will continue to post and archive new summaries here on the blog.

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No Interscholastic Athletics Participation in Public Schools After a Felony Conviction

A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the student participation rules established by the North Carolina State Board of Education. Those rules include a ban on participation following a felony conviction. This post explains the rule, explores how it applies to various legal outcomes, and offers considerations for practitioners involved in cases in which a minor is being prosecuted in criminal court for a felony charge.

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Case Summaries: N.C. Court of Appeals (Aug. 20, 2025)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2025.

An indictment for injuring property to obtain non-ferrous metals was sufficient despite the lack of any allegation concerning the value of the property damage.

State v. Council, No. COA25-78 (N.C. Ct. App. Aug. 20, 2025) (Hampson). In this Durham County case, the defendant was suspected of stealing a catalytic converter from a truck. He was indicted for, and convicted of, felony larceny and felony injury to property to obtain non-ferrous metals. He appealed, asserting that the indictment for the injury to property charge was defective for failing to specify the value of the property damage.

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News Roundup

Erik Menendez was denied parole by a panel of California commissioners yesterday. He and his brother Lyle were sentenced to life in prison in 1996 for fatally shooting their parents in the family’s Beverly Hills mansion in 1989.

During his 10-hour hearing, he offered a detailed account of how he was raised and why he made the choices he did, both at the time of his parents’ killing and during his decades in prison. A panel of two parole commissioners said Menendez was unsuitable for release. They said his actions in prison—including affiliating with a prison gang and having a cellphone in violation of the rules—showed he was a risk to public safety.

Menendez can come before the parole board again in three years if the decision is not overturned. Lyle Menendez’s case is set to be heard by the parole board today.

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Annual Report from the North Carolina Judicial College (2024-25)

I am excited to share this year’s annual report from the North Carolina Judicial College. Taking stock of a year’s work can be a meaningful exercise, and I’m proud of what we — and the judicial officials we serve — accomplished. Last year, we offered nearly 50 continuing education courses that provided more than 700 hours of continuing education credit. Those courses included Advanced Criminal Procedure for Superior Court Judges, Conducting Hearings and Entering Judgment for Magistrates, Drafting Orders for Clerks, and the Indian Child Welfare Act Seminar, all of which are featured in the report along with reviews from participants. We also participated in the awarding of certifications to several officials. Seven district court judges were among the first group to ever receive the Advanced Juvenile Justice Certification and eleven magistrates were certified, nine in civil law and two in criminal law. The report lists those officials by name and district; if you know them, please extend your congratulations.

 

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