North Carolina Criminal Law Blog

I’ve been involved in the New Prosecutors’ School this week, but the flow of criminal law news has been constant. First, the News and Observer had an interesting story yesterday, […]

I am frequently asked about what convictions may count toward a defendant’s prior record level in prosecutions under the habitual felon law and other similar laws, like habitual impaired driving. […]

The Court of Appeals decided two Miranda cases last week: In re J.D.B, available here, and State v. Rooks, available here. The former is a very close juvenile case that […]

Several recent inquiries have been variants of the following question: can an officer administer field sobriety tests during a routine traffic stop? In other words, if an officer has reasonable […]

A Chicago Tribune article, available here, states that an Illinois public defender recently moved to prohibit the state from seeking the death penalty against her client because the state does […]

Today’s a UNC holiday, and I am dutifully taking the day off.  For those who need their faith in humanity restored, though, you might read this story about a kid […]

In 2007, legislative action designed to stiffen penalties for drivers charged with speeding followed close on the heels of the “Speed Unlimited” series published in the News and Observer in […]

One of our loyal readers asked for our take on the provision in the motion for appropriate relief (MAR) statute that allows a defendant to seek relief at any time […]

In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court held that prosecutors could not exercise peremptory challenges based on race. In Georgia v. McCollum, 505 U.S. 42 (1992), […]

In 2007, the General Assembly enacted the Eyewitness Identification Reform Act, G.S. 15A-284.50 et seq.  The heart of the Act is G.S. 15A-284.52, which lays out rules for conducting lineups, […]