North Carolina Criminal Law Blog

Does the court have authority over parents of juveniles who are respondents in delinquency matters once the juvenile turns 18? This question has come up repeatedly as practitioners across North Carolina continue to implement the Juvenile Jurisdiction Reinvestment Act (JJRA), the law that brought the vast majority of youth who commit offenses at ages 16 and 17 under juvenile court jurisdiction. The short answer is—yes. However, that fact does not mean that this jurisdictional law is without complications. This blog explains why the new jurisdictional laws have led to increased numbers of 18- and 19-year-olds under juvenile court jurisdiction, the court’s authority over the parents of those youth, and complications related to this jurisdictional authority over parents of people who are legally adults.

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On Monday, District Attorney Andrew Womble announced his determination that the killing of Andrew Brown Jr. by Pasquotank County sheriff’s deputies during the service of search and arrest warrants at Brown’s home in Elizabeth City last month was justified by reasonable belief that deadly force was necessary due to Brown’s use of his vehicle as a weapon and means of escape.  Keep reading for more on this story and other news.

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This post summarizes decisions released by the United States Supreme Court on May 17, 2021.  As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

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This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during April 2021.

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Motorists across the state are scrambling to find gas after a cyberattack on Colonial Pipeline significantly reduced shipments of fuel throughout much of the east coast this week.  The attack, which involved encrypting data on the company’s computer systems, is being blamed on a group called DarkSide that is thought to be based in Russia or Eastern Europe.  The brazen international crime has caused a ripple effect of relatively minor local crime – as ABC 11 reports, two people have been charged with assault after fighting each other over spots in line at a station in Knightdale.  Keep reading for more news.

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This week Governor Roy Cooper appointed R. Andrew Murray, the former U.S. Attorney for the Western District of North Carolina, as the acting District Attorney for Prosecutorial District 42 following the removal of Greg Newman from office.  Murray served as the District Attorney in Mecklenburg County prior to serving in the federal Western District.  Keep reading for more on this story and other news.

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The latest cumulative supplement to North Carolina Crimes is now available. It incorporates legislation enacted and cases decided through December 31, 2020. You can buy the book here. Purchase of […]

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Tragedy struck in Boone on Wednesday where two members of the Watauga County Sheriff’s Office were killed during a welfare check at a home.  Keep reading for more on this story and other news.

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When does questioning of a middle school student by the principal and in the presence of the school resource officer (SRO) constitute a custodial interrogation? The Court of Appeals of North Carolina issued a decision last week, In re D.A.H. ___ N.C. App. ___, 2021-NCCOA-135 (April 20, 2021), that details the legal analysis necessary to answer this question. The decision reviews the unique characteristics and law related to schoolhouse questioning and identifies seven factors most relevant to determining whether a juvenile is in custody and three factors most relevant to determining whether questioning is an interrogation. The application of this analysis to the facts of the case offers an important takeaway—the legal analysis must focus on an objective reasonable child standard and not on a particular child’s subjective familiarity with an SRO who is regularly present in the school environment.

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This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals issued in March of 2021 that may be of interest to state practitioners. Fourth Circuit summaries are also available on the UNC School of Government website, here.

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