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 […]
When is Driving While License Revoked a Grossly Aggravating Factor?
There are six sentencing levels for Driving While Impaired (DWI) convictions. A defendant is only exposed to the three most severe levels (A1, 1, and 2) if a judge or […]
The Use of Minors as Confidential Informants
Serving as a confidential informant can be dangerous, whether the informant is an adult or underage. As to minors working as informants, the International Association of Chiefs of Police recounts […]
News Roundup
The top national story this week is that the Supreme Court just heard oral argument in a case involving a shocking error by law enforcement. In 2017, an FBI SWAT […]
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 […]