Procedures for Criminal Bench Trials in Superior Court
The North Carolina Constitution historically mandated trial by jury in all criminal cases in superior court. See N.C. Const. Art. I, Section 24 (2014) (“No person shall be convicted of […]
May an Undercover Officer Engage in Sexual Activity with a Suspected Prostitute?
I read a news article some time ago about officers who investigate suspected prostitutes by going undercover and purchasing their services. The article noted that this practice is controversial. Some […]
News Roundup
The top story this week is that country music star Jelly Roll has been recommended for a pardon by a Tennessee parole board. NBC has the story, as well as […]
Authentication of Digital Communications Chart
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in several blogs: How Can a Party Show Authorship of a […]
Juveniles and Vehicle Seizure Under G.S. 20-28.3
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case […]
Case Summaries: N.C. Court of Appeals (April 16, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Updated Chapters in Superior Court Judges’ Benchbook
Three chapters in the criminal law section of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Joinder and Severance, which addresses the joinder and severance of […]
Case Summaries: Fourth Circuit Court of Appeals (March 2025)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2025. Cases of potential interest to state practitioners are summarized monthly. […]
Supreme Court Upholds ATF Regulation Defining Gun “Parts Kits” as Firearms
A couple of weeks ago, the Supreme Court decided Bondi v. VanDerStok, 604 U.S. __ (2025). It is an administrative law case, not a Second Amendment case, but folks interested […]
News Roundup
A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster under the bed. Seeking to assuage the child’s fear, the […]