Case Summaries: N.C. Court of Appeals (August 1, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 1, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Officer Discretion and Failure to Discharge Duties under G.S. 14-230
Law enforcement officers can’t cite every jaywalker, stop every speeder, and arrest every underage drinker, nor would most people want them to do so. Wisely exercising discretion is an important […]
News Roundup
Hunter Biden has been the focus of journalistic, criminal, and political investigations for years as a result of questionable overseas business dealings and other alleged misconduct. Earlier this week, he […]
Updated Chapters in Superior Court Judges’ Benchbook
I’m writing this week to let readers know that several chapters in the criminal law section of the Superior Court Judges’ Benchbook, a resource created and formerly edited by my […]
The Adolescent Brain and Mens Rea
Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond […]
Case Summaries: N.C. Court of Appeals (July 18, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 18, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Illinois Supreme Court Upholds Legislative Abolition of Cash Bail
On my drive home yesterday, I heard a news story on the radio. The report indicated that the Illinois Supreme Court had just upheld a law completely eliminating financial conditions […]
Case Summaries: Fourth Circuit Court of Appeals (June 2023)
This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals released in June 2023. Cases that may be of interest to state practitioners are […]
News Roundup
According to WRAL and other sources, seven homes and one business have been damaged in six fires in Durham since July 2. The homes are all in the same area […]
State v. Burris and Blood Draws from Unconscious DWI Suspects
Four years after a plurality of the United States Supreme Court in Mitchell v. Wisconsin, 588 U.S. ___, 139 S. Ct. 2525 (2019), announced a State-favorable exigency rule for withdrawing […]