Spring 2024 Cannabis Update (Part II)
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 […]
One Unbroken Chain of Events: The Doctrine of Continuous Transaction in State v. Jackson
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 […]
Spring 2024 Cannabis Update (Part I)
It has been a while since my last post on cannabis and criminal law issues, and it is past time for an update. In addition to a number of state […]
News Roundup
Reuters reports that threats against federal judges have substantially increased over the last several years. Threats deemed “serious” by the U.S. Marshals Service rose from 179 incidents in 2019 to […]
Case Summaries: N.C. Court of Appeals (April 2, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
North Carolina 2024 Public Defender Expansion
In 2023, the North Carolina General Assembly approved funding to create eight new public defender districts. The eight new districts will cover twenty-two counties. Once they are in place, sixty […]
Criminal Processes in the Context of the Pretrial Integrity Act
By now, court officials are familiar with the pretrial release laws as amended by the Pretrial Integrity Act. The application of G.S. 15A-533(b) regarding defendants charged with certain high-level felonies […]
Are Prosecutors Entitled to Immunity When Advising Law Enforcement Officers?
Law enforcement officers frequently call on prosecutors for advice. Prosecutors generally see responding to such requests as part of their duties, as the North Carolina Constitution directs that District Attorneys […]
Case Summaries: N.C. Supreme Court (March 22, 2024)
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 22, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Another Look at PJCs
Prayer for judgment continued or a “PJC” is a common disposition in criminal cases, most frequently for traffic law violations or low-level crimes, where entry of final judgment is delayed […]