Confession and Avoidance: Self-defense in State v. Myers
The defendant presented competent evidence tending to show that he was acting in self-defense when he shot Raquan Neal, the Court of Appeals recently said in State v. Myers, No. […]
News Roundup
According to this story, the CEO of United Health Care, Brian Thompson, was walking through Manhattan on his way to conference when a masked gunman fired multiple shots from a […]
Case Summaries: N.C. Court of Appeals (Dec. 3, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 3, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Smith v. Arizona Comes to NC
As regular readers know, the U.S. Supreme Court decided Smith v. Arizona, 602 U.S. 779 (2024), this past June. The decision undercut the reasoning used by North Carolina courts to […]
There’s a New King in Town – Finding DWI Aggravating Factors
The U.S. Supreme Court held in Blakely v. Washington, 542 U.S. 296 (2004) that any contested fact that increases the defendant’s sentence beyond the statutory maximum must be submitted to […]
President Joe Biden Pardons Hunter Biden
The Associated Press reports here that “President Joe Biden pardoned his son, Hunter, sparing the younger Biden a possible prison sentence for federal felony gun and tax convictions and reversing […]
2024 Criminal Legislative Summaries
[Editor’s note: The legislative summaries linked in this post were updated on December 12, 2024, to reflect legislation enacted after this post first appeared.] Looking for some interesting topics to […]
Considerations When Processing Arrests of 16- and 17-year-olds Under Criminal Jurisdiction
When Session Law (S.L.) 2024-17 takes effect next Sunday, December 1, cases in which a Class A – E felony offense is alleged to have been committed at age 16 […]
Confidential Informants, Motions to Reveal Identity, and Discovery: Part VI, Motions to Suppress and the “Two Officer Rule”
For the final installment of this series on confidential informants, motions to reveal identity, and discovery, we will look at a unique statute in North Carolina concerning when the identity […]
News Roundup
After serving 30 years in prison for killing her two sons, Susan Smith appeared Wednesday before a parole board in South Carolina to ask for her freedom. Smith made international […]