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 […]
Machine-Generated Data, Lab Tests, and the Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution limits the use of testimonial hearsay statements by an unavailable witness at a criminal trial, as does its state […]
News Roundup
We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many times before on the blog (most recently here). Glossip has been on death row in […]
Can Law Enforcement Review Ankle Monitor Location Data Without a Warrant?
Last September, the Court of Appeals decided State v. Thomas, No. COA23-210, __ N.C. App. __ (2024), a case involving law enforcement’s retrieval of ankle monitor location data gathered while […]
New Juvenile Capacity Law: Court Forms and Forensic Evaluators
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures for addressing juvenile capacity to proceed. The new statutes can […]
Case Summaries: N.C. Court of Appeals (Feb. 19, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 19, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a […]
News Roundup
Seven men are charged with stealing millions from the homes of six professional athletes across the country, as reported by NPR. Court documents do not identify the victims by name, […]
What happens when the original judge is no longer available?
Questions sometimes arise in criminal cases about whether a new judge may pick up duties initially undertaken by another judge who is no longer available. Consider the following scenarios. Trial […]