This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during January 2026. Cases of potential interest to state practitioners are summarized monthly. […]
Most law enforcement officers don’t wear masks, but in recent immigration enforcement surges, many ICE officers have done so. ICE apparently permits the practice but does not require it. Proponents […]
With increased immigration enforcement in North Carolina, Immigrations and Customs Enforcement is considering plans to construct and open at least three new jails to house detainees. Two potential jails may […]
Some states have passed laws authorizing judges to review sentences after a defendant has served a specified portion of the sentence. They are sometimes referred to as “second look” laws. A bill proposing a second-look procedure was filed in the General Assembly in 2025, but it was referred to committee and never enacted. See House Bill 589. Nevertheless, judges around the state are receiving dozens of motions for appropriate relief filed under authority of “The Second Look Act” as though it became law. To be clear, no such law was enacted, and motions premised solely on that theory lack a legal basis.
Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best […]
Courts look with particular suspicion on character evidence, and a number of rules seek to confine that sort of evidence to its proper place. Two recent cases illustrate the problem. […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 4, 2026. Superior court did not lack jurisdiction when misdemeanor charge was initiated […]
News about crime, criminal justice, and the courts often tends towards the gloomy, so I’m going to start this week with some positive news. The Carolina Journal has a story […]
The North Carolina Supreme Court held in State v. Julius, 385 N.C. 331 (2023) (Julius I), that an officer’s warrantless search of a vehicle trapped in a ditch and partially […]
As 2025 came to a close, the North Carolina Sentencing and Policy Advisory Commission published the Driving While Impaired Convictions Statistical Report for Fiscal Year 2024 (hereinafter “the report”). The […]