In impaired driving cases, the results of a breath test of the defendant are admissible at trial when the testing is performed in accordance with statutory requirements and applicable administrative […]
My colleague, Phil Dixon, blogged about the Court of Appeals’ decision in State v. Joyner, 284 N.C. App. 681 (2022), here. In Joyner, the court ruled that the State did […]
Imagine a case involving a juvenile who lives in North Carolina and is in secure custody because of a charge of an act of delinquency in New York comes across […]
A recent study published by The Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania examines the use of presumptive field tests used by law enforcement […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 16, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
This post summarizes a published criminal law case released by the Fourth Circuit Court of Appeals during December 2023. Cases of potential interest to state practitioners are summarized monthly. Previous […]
The long-awaited North Carolina sports betting law went into effect on Monday. House Bill 347, which was passed last summer, authorizes and regulates wagering on horse racing and on professional, […]
Because the State’s ability to prove impairment in prosecutions for driving while impaired often turns on whether the officer had probable cause to arrest — and thereafter test — the […]
It is my pleasure to announce that Daniel “Danny” Spiegel has joined the Courts Group faculty here at the School of Government as an expert in criminal law. We are […]
Reminiscent of the Wars of the Roses, our Supreme Court’s recent opinion in State v. Lancaster, __ N.C. __, 895 S.E.2d 337 (2023), concerns an offense first codified in 1328 […]