…reversed, resulting in two rather testy opinions. The majority opinion was written by Judge Wynn, formerly of the North Carolina Court of Appeals. First, it noted that the officer received…
…suspect: “I also think waterboard and shoot but scalia was clear in hamdi dissent that citizens get due process.” If the guy has plowed through all the opinions in Hamdi,…
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…
…breath is constitutionally permissible, determining that such searches are a permissible search incident to arrest. See State v. Bernard, 859 N.W.2d 762 (Minn. 2015). Here’s the update. Two recent opinions…
…think of common law as old law handed down from England. In truth, court opinions have modified original common law and statutes over the years, and continue to do so…
Continuing our new practice of posting North Carolina appellate court case summaries to the blog, this post provides summaries of the North Carolina Court of Appeals opinions published on August…
The Court of Appeals released a number of opinions yesterday. Bob Farb will undoubtedly release his inimitable summaries shortly — to sign up to receive the summaries by email, go…
The Court of Appeals released several opinions yesterday. The most significant may be State v. Wallace, an assault case involving remarkable and disturbing facts and difficult legal questions. The victim,…
I was out of the office when the Supreme Court of North Carolina released its latest batch of opinions, so I’m just now getting around to writing about big news…
…the defendant during the crucial period in which friends and family could have observed him to form opinions as to his condition following arrest. See State v. Ham, 105 N.C….