North Carolina Criminal Law Blog

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.

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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.

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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.

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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.

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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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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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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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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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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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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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