…latter argument and reversed on that basis, declining to consider whether reasonable suspicion supported the defendant’s continued detention. The court acknowledged seemingly contradictory statements in its earlier opinions about whether…
…Dissenting opinions. Justices Sotomayer and Kagan wrote separate dissenting opinions, which Justice Ginsburg joined in part. Sotomayer’s dissent is passionate and personal. She states that it “is no secret that…
…parties, witnesses, and potential litigants. The North Carolina state bar has not issued any opinions on this issue, but the guidance from other state bars are fairly consistent. All public…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 6, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a…
…the court’s opinion consistent with rulings from other jurisdictions? The state supreme court contrasted opinions from the Fifth and Seventh Circuits holding that law enforcement officers do not exceed the…
…civil judgment in other cases. State v. Scott, 219 N.C. App. 652 (2012) (unpublished) (“Here, Defendant was not convicted of a crime which entitles a ‘victim’ to restitution under the…
…standard to visitors in an unpublished opinion. The court adopted that standard here: [T]he standard under the Fourth Amendment for conducting a strip search of a prison visitor—an exceedingly personal…
…question in State v. Fernandez, __ N.C. App. __, 852 S.E.2d 447 (2020), a case that raised many of the same arguments. But Fernandez was issued as an unpublished decision,…
…Lakewood, 492 F. App’x 924, 934 (10th Cir. 2012) (unpublished) (“[B]ased on the extensive Supreme Court . . . precedent emphasizing the significance of any physical intrusion into a home,…