This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 19, 2022. This summary will be added to Smith’s Criminal Case Compendium, a…
…nature and language of the statement, and the reaction of the listener. Next, the court reviewed the fractured opinions from another true threats case, Virginia v. Black, 538 U.S. 343…
This post summarizes published criminal opinions from the North Carolina Court of Appeals decided yesterday, Jan. 7, 2020. Where defendant did not stipulate to her prior record level and the…
Semi-retired faculty member Bob Farb has begun a new service that may be of interest to some readers. He is summarizing select published Fourth Circuit opinions. Generally, he will focus…
…the absence of such a statute contributes to delays. Thoughts? Opinions? Comments? Update: The United States Supreme Court just decided a speedy trial case, Vermont v. Brillon, available here. The…
…felony disqualification statute affects how trial judges instruct the jury on self-defense. In the absence of any North Carolina appellate opinions so far, the pattern jury instructions track the language…
…central nervous system depressant and a narcotic analgesic. The reviewing court found no error, noting that N.C. R. Evid. 702(a1)(2) allows DREs to offer opinions regarding impairment. A judge who…
…(2019). Instead, those opinions have approved actions taken pursuant to the statutory schemes developed to combat impaired driving after determining that the actions authorized by statute comported with the Constitution….
Two recent North Carolina Court of Appeals opinions help delineate when an officer has probable cause to believe a driver is driving while impaired. In each case, the court of…
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 17, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a…