Today I begin a series of blog posts discussing the law around confidential informants, motions to reveal identity, and discovery. Technological developments have made it more common for law enforcement […]
The first criminal trial of a former U.S. president began this week in Manhattan. Donald Trump faces 34 felony counts of falsifying business records, based on allegations that he dishonestly […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
This post summarizes a published criminal law released by the Fourth Circuit Court of Appeals during March 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries […]
A common point of confusion among law enforcement and the public is about the use of unlabeled pill bottles. Is it legal to possess prescription medicine in a container other […]
The right to appeal an order in a delinquency matter is established in G.S. 7B-2602 (Right to appeal) and G.S. 7B-2603 (Right to appeal transfer decision). These statutes do not […]
Nationally, the biggest criminal law story this week was the sentencing of James and Jennifer Crumbley. They’re the parents of Ethan Crumbley, who was a student at Oxford High School […]
The North Carolina Court of Appeals first recognized the concept of waiver by conduct in State v. Blakeney, 245 N.C. App. 452 (2016). There, the Court set forth three ways […]
In Part I of my Spring 2024 cannabis update, I discussed the search and seizure issues arising in North Carolina courts around cannabis. Part II explores drug identification evidence issues […]
Robbery is larceny from the person by violence or intimidation. The exact relationship between the taking and the violence is vexing. There is authority for the proposition that the use […]