State v. Tate: DNA Analysis, the Confrontation Clause, and Testimonial Hearsay
My colleague Joe Hyde blogged last week about the Court of Appeals’ determination in State v. Tate, __ N.C. App. ___ (June 18, 2025), that the trial court did not […]
Case Summaries: Fourth Circuit Court of Appeals (June 2025)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June of 2025. Cases of potential interest to state practitioners are summarized […]
May a Sheriff or a Deputy Enforce a Municipal Ordinance?
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the county sheriff to provide law enforcement services. The sheriff certainly […]
News Roundup
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 […]
Highlights from the 2024 Sentencing Commission Statistical Report
Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission.
New Report on the Use of Social Workers in NC Public Defender Offices
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 […]
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 […]