North Carolina Criminal Law Blog

One of the top stories this week was the announcement by the Department of Justice that they intend to recommend a one-day, time-served sentence for former Louisville, Kentucky police officer, Brett Hankison. Hankinson was tried and convicted in federal court for using excessive force in violation of Breonna Taylor’s civil rights. Taylor was killed by police officers after they executed a no-knock search warrant around midnight on March 13, 2020. Taylor’s romantic partner mistook the officers for intruders and fired a shot, wounding one of the officers. Officers then collectively fired 22 shots, resulting in Taylor’s death. Although no shots fired by Hankinson hit Taylor, he fired ten times through a glass door and a window, and three of the shots entered an adjacent apartment occupied by another family. Hankinson’s conviction carries a maximum sentence of life, and his presentence report recommends a sentence of between 11- and 14-years imprisonment. The Justice Department contends that the felony conviction, lost firearms rights, and lost ability to work as a law enforcement officer is punishment enough, given that Hankinson did not injure anyone and was returning fire. Read on for more criminal law news.

Floods have gripped the nation. From Texas, to New Mexico, to here in central North Carolina, severe floods have taken lives and devastated communities. In Texas, floods have killed over 120 people statewide, with over 160 still missing. Due to substantial damage, recovery efforts have slowed, signaling a long road ahead for those with missing loved ones. In New Mexico, flash flooding on Tuesday killed three people and severely damaged the mountain community of Ruidoso—which just spent a year recovering from devastating wildfires and flooding in 2024. Locally, tropical storm Chantal brought heavy flooding across five counties on Sunday evening, taking six lives. Thunderstorms and flooding have continued through the week, striking Durham on Wednesday and multiple counties last night. For those affected, click here for shelter options, water notices, and other flood relief resources. Local businesses and charities are also leading the way in collecting and distributing donations. Read on for the latest in criminal law news.  

Last month, the School of Government’s Criminal Justice Innovation Lab released a new report evaluating the implementation of social work positions in North Carolina public defender offices. This report is the culmination of an eighteen-month partnership between the Lab and the Office of Indigent Defense Services (IDS) to learn more about the day-to-day function of social workers, explore the benefits and challenges of integrating social work staff, and develop recommendations for other offices interested to add or expand social work capacity. This post summarizes the findings from the implementation evaluation and the accompanying recommendations.

After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S. 15A-501(2). This is for the judicial official—often a magistrate—to conduct an initial appearance. During an initial appearance, magistrates review the validity of the arrest, issue charging documents, inform the arrested person of their rights, and set pretrial release conditions (if the person is eligible). Considering these essential tasks, when may law enforcement or magistrates delay an initial appearance? And how would a delay affect a magistrate’s decision to impose an impaired driver hold under G.S. 15A-534.2, or vice versa? Read on to find out.

A new Administration of Justice Bulletin on Double Jeopardy in North Carolina is now available. I previously posted about double jeopardy here (When is Double Jeopardy a Rule of Evidence?) and here (Kidnapping by Pursuit), and this bulletin expands on the issue.

Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This ESPN story reports that he received a suspended sentence, while “[t]he mother of the [14 year old] victim . . . was convicted of sexually trafficking her daughter and sentenced to 10 years in prison after prosecutors proved she sought financial gains from Franco and laundered money.” Franco was a star for the Bulls and quickly moved up to the major league level. He had just signed an 11-year, $182 million contract with the Tampa Bay Devil Rays when he was arrested. Whether he will be able to resume his baseball career is not clear. He may have difficulty obtaining a visa to enter the United States, and Major League Baseball may take action against him as well. Additionally, he is still facing charges in his home country connected to the alleged unlawful possession of a firearm. Keep reading for more news.

Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that North Carolina appellate courts have repeatedly addressed. This blog explains the requirement for findings in delinquency dispositional orders and provides examples of findings that the North Carolina Court of Appeals has found to be sufficient.

Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s desk. The deadline for his signature or veto is today.

The first bill, SB 153, contains several provisions, one of which would require state law enforcement agencies such as the State Highway Patrol and the Department of Public Safety to contact ICE if they have someone in custody who is not a legal resident or U.S. citizen. State law enforcement officers would be trained to act as immigration officers pursuant to the 287(g) program.

The second bill, HB 318, makes updates to the previously passed HB 10. Existing law, discussed by Brittany here, requires county jails to inquire into the immigration status of individuals charged with certain felonies and high-level misdemeanors and contact ICE if the jail is unable to verify that an individual is a legal resident. The new law would expand the list of crimes for which jails would have to check status. In addition, existing law mandates that a 48-hour hold be imposed upon receipt of an ICE detainer.  The updated law would require that the 48-hour hold be imposed once the individual would otherwise be released, rather than upon receipt of the detainer.

Read on for more criminal law news.

If you’re working to protect vulnerable adults in your community, you know how important it is to have the right people at the table to provide effective and efficient solutions. That’s why we’re bringing together adult protection multidisciplinary teams (MDTs) from across North Carolina for a hands-on workshop at the School of Government on September 29–30, 2025, focused on forming and strengthening MDTs.

The Trump administration sued the state of New York on Thursday over a law that blocks immigration officials from arresting people at New York courthouses, saying it purposely shields dangerous criminals. New York’s 2020 Protect Our Courts Act bans federal immigration officials from arresting people who are coming and going from courthouses or in court for proceedings unless they have a warrant signed by a judge. Democratic state Senator Brad Hoylman, the bill’s sponsor, said at the time the legislation was a rebuke to the first Trump administration’s practice of turning New York courts into “hunting grounds” for federal agents.

The Justice Department’s lawsuit said arrests in or near courthouses are safer for officers and the public because individuals are screened for weapons and contraband before entering the buildings. The lawsuit is the latest in a series of legal actions targeting state or local policies the administration says interfere with immigration enforcement.