U.S. Supreme Court Curtails Substitute Analyst Testimony
The U.S. Supreme Court recently decided Smith v. Arizona, 602 U.S. ___; 2024 WL 3074423 (June 21, 2024) (Kagan, J.). The case settled a lingering question in Sixth Amendment Confrontation […]
News Roundup
Back in May, it appeared that North Carolina lawmakers were moving toward a repeal of automatic expunctions of dismissed charges. However, in recent weeks, they have reversed course and a […]
Fearrington v. City of Greenville: North Carolina Supreme Court Reverses Court of Appeals and Upholds City’s Red Light Camera Enforcement Program as Constitutional
Two men fined in 2018 for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the program violated the Fines and Forfeitures […]
Case Summaries: N.C. Court of Appeals (July 2, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Kidnapping by Pursuit: Evading Criminal Liability in State v. Andrews.
In a case decided earlier this month, the Court of Appeals overturned the defendant’s conviction for kidnapping when the evidence showed only an unsuccessful carjacking. See State v. Andrews, No. […]
Short Stop in the Short Session
The North Carolina General Assembly has temporarily adjourned for the short session, with plans to reconvene a few more times throughout the remainder of the year. So far in 2024, […]
2024 HIPAA Final Rule: The New Attestation Requirement
On June 25, 2024, changes to the HIPAA Privacy Rule aimed at supporting reproductive health care privacy went into effect. Last week, I published a blog post about these changes, […]
Child Advocacy Centers, Child Medical Evaluations, and Multidisciplinary Team Information Sharing: New Law in Effect as of July 1
Across North Carolina, there are 55 child advocacy centers (CACs) providing services to children who have experienced maltreatment, including physical or sexual abuse. Local law enforcement agencies and county departments […]
Backing Away from Bruen? Supreme Court Upholds Law Barring Restraining Order Subjects from Possessing Guns
On June 21, the Supreme Court decided a highly-anticipated Second Amendment case. In United States v. Rahimi, 602 U.S. __ (2024), the Court considered a facial challenge to 18 U.S.C. […]
News Roundup
Last week, Louisiana became the first state to allow surgical castration as punishment for sex crimes against children. Effective August 1, the legislation gives Louisiana judges the option to sentence […]