The defendant in State v. Meadows, No. COA24-149 (N.C. Ct. App. May 7, 2025), was convicted of murder based on evidence that he and two other men broke into the victim’s home and shot the victim to death. Despite evidence that the defendant was not alone, the trial court refused to instruct on acting in concert. During closing argument, however, the prosecutor told the jury that the State need not prove the defendant “actually fired the shot that actually killed the victim. If he committed one act that contributed to the victim’s death, he is just as guilty as everybody else.” This argument, the Court of Appeals said, was improper. This post examines the opinion in Meadows.
Case Summaries: N.C. Court of Appeals (June 4, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no longer available. We will continue to post and archive new summaries here on the blog.
News Roundup
Multiple acts of mass violence plagued the country this week. In Boulder, Colorado on Sunday, a man attacked a group of people demonstrating on behalf of Israeli hostages held by Hamas with a “makeshift flamethrower” and Molotov cocktails, resulting in injuries to fifteen people. The suspect has been charged with federal hate crimes, attempted murder, and more, along with state offenses, according to this report. In Minneapolis, Minnesota, a woman was killed and six people were injured following a shooting on Sunday evening in Boom Island Park. Officers described the scene there as “akin to a war zone.” At least two shooters are suspected of the attack and remain at large. Closer to home, a man was arrested and charged with attempted murder in connection with a Sunday mass shooting at a house party near Hickory, North Carolina. More suspects are being sought. The incident, which involved at least 80 shots being fired, led to the death of one man and injuries to eleven others. In downtown Asheville, NC, a gunfight between two men on Sunday resulted in the death of one of the shooters and several injured people, according to this Citizen Times report. Read on for more criminal law news.
State v. Chambers and the Substitution and Discharging of Alternate Jurors Pursuant to G.S. 15A-1215(a)
Criminal law practitioners may recall that in 2021 the General Assembly amended G.S. 15A-1215(a) to permit the substitution of an alternate juror after deliberations have begun in a criminal trial. S.L. 2021-94. When those changes became effective for jurors selected on or after October 1, 2021, North Carolina joined the federal courts and several other states that permit this practice.
The practice was, however, challenged within a few years of enactment. And the North Carolina Court of Appeals in State v. Chambers, 292 N.C. App. 459 (2024), held that notwithstanding G.S. 15A-1215(a), the state constitutional requirement for unanimous verdict of twelve jurors in a criminal case prohibited the substitution of an alternate juror after deliberations begin. Two weeks ago, the North Carolina Supreme Court reversed the Court of Appeals, upholding the statute as constitutional. This post will review the Supreme Court’s decision in State v. Chambers, No. 56PA24, ___ N.C. ___ (2025), and consider how trial courts must handle alternate jurors in future trials.
A Guide to Vehicle Seizures: Drugs and Alcohol
Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture in North Carolina. It will cover the different circumstances in which law enforcement may seize vehicles and judges may order them forfeited. This post is a preview of two circumstances that will be included in the bulletin. One circumstance is when the vehicle is used as part of an offense related to a controlled substance. Another circumstance is when a vehicle is used to unlawfully transport nontaxpaid alcoholic beverages. Read on for the preview.
Surrender, Return, and Disposal of Firearms in Civil Domestic Violence Cases
North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be ordered to surrender to the sheriff “all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant.”
That statute also permits the person to seek return of the surrendered items following the expiration of the protective order and final disposition of any related criminal charges. If the person is ineligible for the return of the items or fails to request return, then a court may order disposal of the items in one of several ways set out in the statute. This post details the procedure for surrender, return, and disposal of firearms and related items in DVPO cases.
Police Officers, Correctional Officers, and Related Professionals Should Know That CBD Use May Result in Loss of Certification
If you’re a police officer, a correctional officer, a probation/parole officer, a juvenile court counselor, or a juvenile justice officer, there’s something you need to know: using CBD products, even legal ones, may cost you your career.
News Roundup
The top story this week is that Olympic gold medalist Mary Lou Retton has been charged with DUI, per this story from the UPI and AP. Retton, 57, became the first American woman to win the all-around gymnastics title at the 1984 Summer Olympics in Los Angeles, where she also won two silver and two bronze medals. Retton was stopped on May 17, 2025, in her hometown of Fairmont, West Virginia, allegedly with a container of wine in the passenger seat of her Porsche, and charged with driving under the influence, before being released on a personal recognizance bond. Read on for more criminal law news.
Case Summaries: N.C. Supreme Court (May 23, 2025)
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on May 23, 2025.
New Research on Juvenile Interventions and Reoffending
I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services impact reoffending among justice-involved youth. The webinar focused on the second brief (Impacts on Long-Term Youth Reoffending) from the Youth Protective Factors Study (hereinafter the Study). The Study offers interesting findings related to the way risk and protective factors work (or, spoiler alert, don’t work) to reduce reoffending. This research can help practitioners focus limited resources on system responses and interventions most likely to promote public safety.