Spring 2025 Cannabis Update
I have been covering developments around the legalization of hemp in North Carolina since 2018. Never did I suspect then that I would still be working on the topic all […]
Case Summaries: Fourth Circuit Court of Appeals (Feb. 2025)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2025. Cases of potential interest to state practitioners are summarized monthly. […]
When Can the Police Seize a Cell Phone Incident to Arrest, and How Long Can They Keep It?
Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident to arrest, but allows for the possibility that the phone […]
News Roundup
The news story that captured my attention this week is not exactly, or not entirely, a criminal law story. Mahmoud Khalil, who helped lead pro-Palestinian protests at Columbia University, was […]
The End of the Super-Contingent Sentence
Under G.S. 15A-1346(b), a sentencing court has the authority to order a probationary sentence to run consecutively to an undischarged term of imprisonment. Probation officers refer to that as a […]
When is Double Jeopardy a Rule of Evidence?
The defendant in State v. Greenfield, No. COA23-597 (N.C. Ct. App. Feb. 19, 2025), argued the trial court erred by admitting evidence and allowing argument about an attempted armed robbery […]
Case Summaries: N.C. Court of Appeals (March 5, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a […]
News Roundup
A man is scheduled to be executed by firing squad this evening, which would be the first firing squad execution in the United States in the last 15 years. On […]
State v. Fearns Finds Second Judge Lacked Authority to Enter Order When Hearing Was Held by First Judge
A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another judge is unable to complete. Yesterday, the court of appeals […]
Motor Vehicle Seizures: Temporary Release Pending Trial
In previous posts, I’ve addressed the expedited scheduling requirements and opportunities for permanent release of motor vehicles seized pursuant to G.S. 20-28.3. Today, I’ll address the ways a motor vehicle […]