It is sometimes said that the distinction between voluntary manslaughter, a Class D felony, and involuntary manslaughter, a Class F felony, is a matter of intent. Involuntary manslaughter is frequently […]
Is lack of consent an element of burglary? This post arises from a conversation I had with a colleague who asserted that the homeowner’s consent could legitimize an entry that […]
Think about the officers involved in some of the recent high-profile incidents involving police use of excessive force. The officers involved in George Floyd’s death were Derek Chauvin, Alexander Keung, […]
The most shocking story of the week involves four residents of South Carolina who travelled to Mexico, where two were killed and the other two abducted and eventually rescued. At […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 7, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Last fall, I wrote a post about the litigation over the constitutionality of various firearms restrictions in the wake of New York State Rifle & Pistol Association v. Bruen, 597 […]
Next door in South Carolina, disgraced personal injury attorney and part-time prosecutor Alex Murdaugh has been convicted of the murders of his wife and son. The case has been in […]
The Sixth Amendment provides that a person accused of a crime “shall enjoy a public trial.” This right is grounded in the belief that judges and prosecutors will carry out […]
What law applies when a juvenile is suspected of impaired driving? If the juvenile is 16- or 17-years-old, the criminal law applies in the same way that it applies to […]
Several years ago, two officers working for the Winterville Police Department stopped a car for a traffic violation. Dijon Sharpe was a passenger in the vehicle. Sharpe had some prior […]