The practice of ordering a civil judgment for costs and fines at the outset of a criminal case has run its course.
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Domestic Violence Charts Available
I am happy to announce the release of a new resource on Domestic Violence Crimes and the 48-Hour Rule. This guide is intended primarily to assist magistrates and others in applying the 48-hour rule as described in G.S. 15A-534.1. The printed version of the guide uses a trifold design which opens to one long chart of offenses covered under the terms of the statute.
Case Summaries: N.C. Court of Appeals (Oct. 1, 2025)
This post summarizes the published criminal opinions from the Court of Appeals of North Carolina released on October 1, 2025.
News Roundup
The federal government entered a partial shutdown this week. The shutdown has had sweeping effects, including disruptions to law enforcement and judicial proceedings. The Justice Department announced that while federal prosecutors and criminal investigations will continue, civil cases and some immigration court proceedings will be delayed. The shutdown also affects funding for federal law enforcement training and grants to local police departments. President Trump has demanded sweeping immigration and border security measures in exchange for signing a funding bill, while House Republicans remain divided over spending priorities. If the impasse continues, furloughs could hit FBI analysts, ATF inspections, and U.S. Marshals’ prisoner transport operations, potentially causing further delays in prosecutions and court schedules nationwide. Read on for more criminal law news.
News Roundup
This week, the General Assembly passed H 307, Iryna’s Law. The bill follows the murder of Iryna Zarutska in Charlotte last month. The measure is now with Governor Stein. If it becomes law, it would make a number of changes to proceedings involving pretrial release; would add a new aggravating sentencing factor; would alter the way magistrates may be disciplined; would require hearings on capital MARs normally be held within 24 months of filing; and would expand the permissible methods of execution, among other things. WRAL has some information about the bill’s progress through the legislature here, and a piece here exploring the decision that Governor Stein now must make to sign the bill, veto it, or allow it to become law without his signature. He has 10 days to decide. Keep reading for more news.
DSS Custody of a Juvenile in a Delinquency Case: When and Why It Cannot Be Combined with Secure Custody or YDC Commitment
The most recent Court of Appeals delinquency-related decision, In the Matter of D.H., ___ N.C.App. ___ (August 20, 2025), is one of a very few opinions that addresses a trial court’s order placing a juvenile in the custody of a department of social services (DSS custody) through a delinquency disposition. This area of law can be very confusing for practitioners. At its core, the juvenile is in DSS custody without a petition alleging abuse, neglect, or dependency; instead, there is a petition alleging the juvenile is delinquent. The possibility of DSS custody is also available in undisciplined juvenile proceedings. This blog provides a brief overview of when the court can issue such an order in a delinquency or undisciplined case and explains why simultaneous nonsecure and secure custody orders and dispositional orders that include both DSS custody and commitment to a Youth Development Center (YDC) are a legal impossibility.
News Roundup
In response to the stabbing of Iryna Zarutska in Charlotte on August 22, North Carolina legislators are proposing various criminal justice reforms. Brittany noted last week that Republican legislators are advocating for various changes such as restarting the death penalty, ending cashless bail for those with felony convictions, and mandating that judicial officials consider homelessness and mental health when determining conditions of pretrial release.
This week, Democratic representative Laura Budd responded with a different slate of reforms, calling for funding for 5,000 additional local police officers statewide, along with 5,000 crisis assistance co-responders. She is also proposing that judicial officials initiate mental health commitments where appropriate and that people found incompetent to proceed be tried in state hospitals.
Yesterday, Chief Justice Paul Newby of the North Carolina Supreme Court issued an order creating a new Pretrial Release Task Force to survey pretrial release practices statewide and make recommendations as to best practices and potential legislative changes.
Read on for more criminal justice news.
Devalle and the Good Moral Character Requirement for Law Enforcement Officers
Law enforcement officers in North Carolina must have good moral character to be certified, and may lose their certification if they lose their good moral character. The requirement of good moral character is neither unique to North Carolina nor exclusive to law enforcement officers. At the same time, it is a difficult standard to apply, as illustrated by a recent decision issued by the Supreme Court of North Carolina. This post provides context for that decision and explores its reasoning.
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.
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.