This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 22, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a…
This post summarizes opinions issued by the Court of Appeals of North Carolina on May 5, 2020. Superior court judge’s order directing the State to disclose contents of criminal investigative…
Or, Seeking Dismissal Based on the State’s Destruction of Evidence Unpublished court of appeals opinions occasionally assume the cache of bootleg recordings of live performances of the Grateful Dead. If…
Neither snow nor rain nor heat nor gloom of night stays the School of Government from swift completion of their case summaries. This post summarizes opinions issued by the North…
…court opinions on self-defense and related defenses, such as defense of others and defense of habitation. The book’s approach reflected that North Carolina was a common law state when it…
…right to refuse testing as “a matter of grace” granted by the legislature and not a constitutional right. State v. Howren, 312 N.C. 454, 457 (1984). Garcia-Cepero , an unpublished…
…danger of a defendant contracting COVID-19 in a correctional facility. Few appellate courts have considered the impact the pandemic might have on sentencing, but some early opinions from state and…
…long the court is willing to listen. Yep, you’ve got a “sovereign citizen” on your hands. Readers may have different opinions on the best way to handle these defendants in…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 2, 2022. This summary will be added to Smith’s Criminal Case Compendium, a…
…e.g., State v. Smith, 860 S.E.2d 51 (2021) (unpublished) (citing this framework from Hobbs). The Hobbs court clarified the amount of evidence required to succeed on a Batson challenge at…