News Roundup
On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two dozen police departments accused of civil rights violations. These include departments in Memphis, TN, Pheonix, […]
The Prior Record Level Worksheet with Missing Convictions: A Persistent Ethical Dilemma
Suppose you are a defender representing a client charged with Possession of Firearm by Felon. You receive a plea offer in the case, along with the AOC-CR-600B, the “Worksheet” regularly […]
What Does it Mean for a Criminal Case if the Defendant is Legally Incompetent and Has a Court-Appointed Guardian?
Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak and to perform simple tasks; however, he cannot manage important […]
Case Summaries: Fourth Circuit Court of Appeals (April 2025)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during April 2025. Cases of potential interest to state practitioners are summarized monthly. […]
News Roundup
New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose deaths in the U.S. declined significantly in 2024 as compared to 2023, reaching their lowest […]
Immigration Detainers
An immigration detainer is one of the key tools that Immigration and Customs Enforcement (ICE) uses to apprehend individuals who come in contact with local and state law enforcement agencies. […]
Encounters with Lions: Evidence of Gang Affiliation in State v. Ervin
A defendant who claims self-defense is generally permitted to offer evidence of the victim’s prior violent conduct if known to the defendant at the time defensive force was used. Such […]
Case Summaries: N.C. Court of Appeals (May 7, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 7, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a […]
News Roundup
The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns beachgoers when a shark has bitten someone in the vicinity. The system will issue a […]
Double-Secret Post-Release Supervision
Post-release supervision has been mandatory for all felonies since 2011. But rarely if ever does anyone mention it when advising a defendant about a waiver of counsel or the consequences […]