News Roundup
I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led to the death of Professor Zijie Yan. Reports of shots […]
Removing State Criminal Charges to Federal Court
Every law student learns that state civil cases may be “removed” to federal court under certain conditions – usually when the case presents a question of federal law, or the […]
News Roundup
Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to be booked on criminal charges related to his alleged efforts to interfere with and overturn […]
North Carolina’s new Pretrial Integrity Act
As a general rule, most defendants are entitled to have conditions of pretrial release set without unnecessary delay, and this typically happens at the initial appearance before a magistrate. G.S. […]
Juvenile Code Does Not Authorize Transfer Based on Consent
One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is […]
News Roundup
Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County grand jury returned a 41-count indictment charging Trump and 18 others with a conspiracy to […]
Case Summaries: N.C. Court of Appeals (August 15, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 15, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Speech Integral to Criminal Conduct
The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to violence, obscenity, and fighting words are among the categories of […]
Case Summaries: Fourth Circuit Court of Appeals (July 2023)
This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals released in July 2023. Cases that may be of interest to state practitioners are […]
Recent Legislation Outlaws Street Takeovers
Last month the General Assembly enacted new G.S. 20-141.10 criminalizing so-called street takeovers. S.L. 2023-97. A street takeover occurs when a person blocks or impedes traffic on a highway, street, […]