List of posts in category Uncategorized | North Carolina Criminal Law Blog

This post summarizes the published criminal opinions released by the Supreme Court of North Carolina on October 17, 2025.

NBC has this article up about the top national criminal law story of the moment. It notes that “[a] federal grand jury indicted former national security adviser John Bolton on Thursday, making him the third critic of President Donald Trump to face criminal charges in recent weeks.” The article goes on to state that “Bolton was indicted in federal court in Maryland, where he lives and where prosecutors have been investigating whether he improperly retained classified materials after his acrimonious departure from the first Trump administration. The indictment charges him with eight counts of transmission of national defense information and 10 counts of retention of national defense information.” The transmission counts apparently are based on Bolton sending diary-style materials to two relatives. Bolton’s legal team contends that he is innocent and has been unfairly targeted based on his acrimonious relationship with President Trump.

Earlier this month, the School of Government’s Criminal Justice Innovation Lab released our final report evaluating the Burlington Police Department’s mental health co-responder program. This report is the culmination of a two-year partnership between the School, the Burlington Police Department, RHA Health Services, and the North Carolina Association of Chiefs of Police. The evaluation speaks to the impact of the co-responder program on the police department, the clients served, and the broader community. We also included recommendations on data collection for other agencies that may be interested to conduct similar evaluations. This post summarizes the findings and the recommendations.

I recently completed a new paper on contracts between cities and sheriffs for law enforcement services. It is available here.

Dozens of North Carolina municipalities have decided not to operate their own police departments, and instead have entered into contracts with their local sheriffs’ offices for designated levels of law enforcement services. There are plusses and minuses to such arrangements, which the paper details. It also notes some of the terms that parties considering such contracts may wish to include, and discusses the formalities required for each side to enter into such agreements.

The U.S. Supreme Court denied review of Ghislaine Maxwell’s convictions for sex trafficking of a minor and other crimes this week, according to SCOTUSblog. Maxwell, the longtime partner and co-conspirator of Jeffrey Epstein, is serving a 20-year sentence in federal prison. The denial marks the end of Maxwell’s hopes for relief on direct appeal. On the Second Amendment front, the Court recently agreed to hear a challenge to Hawaii’s criminal prohibition on carrying concealed handguns on private property without express authorization by the property owner. The Ninth Circuit previously upheld the law. The Court declined to review a decision of the Eighth Circuit striking down Missouri’s law forbidding state law enforcement officials from enforcing federal gun rules that state officials believe violate the Second Amendment, as noted here (a deeper analysis of the case is here for those interested). Read on for more criminal law news.

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.

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.

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.

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.

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.