Variations on State v. Singleton: Surplus Theory in State v. Tate.
After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all the elements of a crime. One issue that remains unresolved […]
Case Summaries: N.C. Court of Appeals (July 2, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2025.
State v. Aspiote and Contempt Proceedings Against a Person Who Appears Impaired in Court
In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the trial court erred in holding a defendant in direct criminal […]
Delaying Initial Appearances and Detaining Impaired Drivers
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 […]
New Bulletin on Double Jeopardy in North Carolina
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?) […]
News Roundup
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 […]
Common Character Evidence Questions in Self-Defense Cases
Character evidence is one of the most challenging areas of evidence law to navigate, as Jessie Smith observes here. Jessie’s blog features a useful chart to apply Rules 404 and […]
Findings Required in Delinquency Dispositional Orders
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 […]
Case Summaries: N.C. Court of Appeals (June 18, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due […]
News Roundup
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 […]