Recent Blog Posts Page 12 on North Carolina Criminal Law Blog

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.

Under G.S. 14-34.10, it is a felony for any person to discharge a firearm within any occupied enclosure, such as a motor vehicle, with the intent to incite fear in another. G.S. 14-34.10. In State v. Jenkins, No. COA24-889 (N.C. Ct. App. Aug. 6, 2025), the Court of Appeals held that the plain language of this statute was satisfied by a defendant who fired a gun from inside his car, injuring a victim in another car. More recently, in State v. Hardaway, No. COA24-538 (N.C. Ct. App. Oct. 1, 2025), the Court of Appeals, over a doubtful concurrence, found itself bound by Jenkins. This post considers the statutory construction of G.S. 14-34.10 in Jenkins and Hardaway.

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 practice of ordering a civil judgment for costs and fines at the outset of a criminal case has run its course.

I am happy to announce the release of a new resource on Domestic Violence Crimes and the 48-Hour Rule. This guide is intended primarily to assist magistrates and others in applying the 48-hour rule as described in G.S. 15A-534.1. The printed version of the guide uses a trifold design which opens to one long chart of offenses covered under the terms of the statute.

This post summarizes the published criminal opinions from the Court of Appeals of North Carolina released on October 1, 2025.

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 legislative session the General Assembly authorized cities and counties to use automated traffic cameras and speed sensors to enforce speed limits in school zones. Enforcement of traffic laws through electronic means is not new to North Carolina; some local governments already use automated cameras to cite drivers who run red lights or pass stopped school buses. And more than 20 years ago, S.L. 2003-280 (H 562) authorized the City of Charlotte to use photographic speed-measuring systems during a three-year pilot program. Several other states, including Alabama, Illinois, Iowa, Ohio, Minnesota, and Washington, already use automated cameras and sensors to detect and sanction speeding. The National Highway Traffic Safety Administration lists speed safety camera enforcement as an effective countermeasure to reduce roadway fatalities and serious injuries, and researchers reported that the brief use of such systems in the Charlotte pilot program appeared “to have a positive effect on collisions and speed conformity.” This post will review the most recent North Carolina legislation, chaptered in S.L. 2025-47 (S 391), and consider questions that may arise for local governments interested in exercising this authority.

We are putting the final touches on the new edition of the North Carolina Sentencing Handbook – publication date forthcoming! As part of revising and updating the DWI Sentencing portion, three updates stood out to me as warranting some more discussion. First, the legislature has expanded delegated authority for probation officers to include probationers sentenced for impaired driving under G.S. 20-179. Second, the Court of Appeals further clarified the presumption for unsupervised probation and requirements for transferring a probationer from supervised to unsupervised probation. Third, a new mitigating factor was added for voluntary pretrial installation of an ignition interlock device. Read on for more details.