Case Summaries: N.C. Court of Appeals (Nov. 7, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 7, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
A Closer Look at the New Misdemeanor DV Crime and the 48-Hour Rule
I previously blogged about the new misdemeanor crime of domestic violence, which will take effect on December 1, 2023. For the new offense, codified as G.S. 14-32.5, a person is […]
News Roundup
A group in Massachusetts is working to clear the names of people accused of witchcraft, according to this report from the AP. The Massachusetts Witch-Hunt Justice Project includes historians and […]
Probation Violations and the Pretrial Integrity Act
The Pretrial Integrity Act has been in effect for one month now and has generated several questions about the implications of the new provisions. Some of the most frequently asked […]
Can I Take a Look at Your Phone?
Inquisitive police officers regularly ask suspects questions like “Can I take a look at your phone?” or “Can I see your phone?” These on-the-street requests may give rise to legal […]
General Assembly Appoints Seven New Special Superior Court Judges
A few weeks ago I wrote about provisions of the 2023 Appropriations Act that affect the judiciary. Among those changes was the creation of ten new special superior court judgeships […]
State v. McKoy and Opening the Door
Suppose the defendant is on trial for murder. He argues he shot the victim in self-defense. The State elicits testimony from the victim’s father that the victim, who lived at […]
Case Summaries: N.C. Supreme Court (Oct. 20, 2023)
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Statutory Changes Related to Juvenile Interrogation and Secure Custody Orders
This post covers recent statutory changes related to the custodial interrogation of youth who are 16 and 17 years of age and to the issuance and execution of secure custody […]
Does Consent to Search a Home Include Consent to Search Phones and Computers Located Inside?
Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone or computer. But the person can waive his or her Fourth Amendment […]