Changes Coming to Delinquency Law
Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit an offense. I covered the changes related to juvenile jurisdiction and the […]
Did State v. Singleton Bring a Sea Change in the Law of Indictments?
The North Carolina Supreme Court’s opinion in State v. Singleton, No. 318PA22, __ N.C. __ (2024), brings about a transformation of North Carolina indictment law. The case “ends [a] centuries […]
News Roundup
Verizon Wireless is facing a lawsuit after a man claiming to be a detective with the Cary Police Department was arrested for stalking. Last year, Robert Glauner, who is a […]
Case Summaries: N.C. Court of Appeals (Aug. 20, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Court of Appeals Holds Sight or Odor of Cannabis = Probable Cause
Author’s Note: The Court of Appeals withdrew the decision on which this post is based on August 30, 2024. The Court of Appeals recently settled an issue that has been […]
Case Summaries: Fourth Circuit Court of Appeals (July 2024)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July 2024. Cases of potential interest to state practitioners are summarized monthly. […]
News Roundup
Local news became national news this week when a man serving life imprisonment for the murder of a one-year-old child on Christmas escaped from custody. According to the AP, 30-year-old […]
Smith v. Arizona and Retroactivity
My colleagues have covered the retroactivity rules many times before on the blog but the analysis for determining the retroactivity of new federal rules has changed in the last few […]
Character is Destiny: Improper Argument in State v. Anderson
Evidence of prior bad acts is admissible unless the only reason for introducing the evidence is to show the defendant’s propensity for committing the crime. In a trial involving a […]
Grants Pass: Local Government Authority and the Constitutionality of Laws Against Camping or Sleeping in Public
According to the Department of Housing and Urban Development, well over half a million people are unhoused on any given night in America. Given the magnitude of the crisis, local […]