News Roundup
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 […]
Case Summaries: N.C. Court of Appeals (April 16, 2024)
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 […]
Case Summaries: Fourth Circuit Court of Appeals (March 2024)
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 […]
Plain Feel, Pill Bottles, and Probable Cause: State v. Jackson
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 […]
Statutory Rights to Appeal Orders in Delinquency Matters: What, When, Who, and Impact on Juvenile Court
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 […]
News Roundup
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 […]
Does Waiver by Conduct Remain a Third Way to Lose the Right to Representation?
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 […]
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 […]