The Alamo announced last week that it’s got Pee-wee’s stolen red bicycle, as foretold in the 1985 film “Pee-wee’s Big Adventure.” But the bike is not in the basement. The AP reports that the iconic bicycle will serve as a centerpiece in the Mays Family Legacy Gallery, part of a new visitor center and museum scheduled to open in fall 2027. Read on for more criminal law news.
A New Way to Authenticate Video? State v. Windseth and the Business Records Exception
Special thanks to Sloan Godbey, Summer Law Fellow at UNC SOG, for their significant contributions to this post.
In March of last year, I did a thorough review of North Carolina cases addressing the authentication of surveillance video. I created a chart to understand what ingredients are adequate (and inadequate) to lay a foundation. That chart can be found here, and the related blog here.
However, a case came down in March of this year that raises significant questions about how video is authenticated, or at least introduces a new potential avenue for authenticating video. I’m afraid my cherished chart may soon be of limited utility. But such is the way the law develops!
COA Shuts Down Second Amendment Challenges to Firearm by Felon
Back in February, the Court of Appeals decided State v. Nanes, COA24-487, ___ N.C. App. ___; 912 S.E.2d 202 (Feb. 19, 2025) (summarized here). The case considered and ultimately rejected facial and as-applied Second Amendment challenges to G.S. 14-415.1, our state prohibition on possession of firearms by a felon. Nanes squarely rejected the idea that G.S. 14-415.1 was facially unconstitutional but left open the possibility that the statute may be unconstitutional as applied to a different defendant. In State v. Ducker, COA24-373, ___ N.C. App. ___ ; ___ S.E.2d ___(May 7, 2025) (summarized here), the Court of Appeals closed the door on that possibility, ruling that Second Amendment rights do not apply to convicted felons and rejecting the need for a felony-by-felony analysis for as-applied Second Amendment challenges. Both Nanes and Ducker also considered and rejected related claims under Article I, Sec. 30 of the North Carolina Constitution. Today’s post examines these decisions.
The Evolving Law of Juvenile Jurisdiction
The law that governs which cases begin under juvenile jurisdiction changed three times between 2019 and 2025. Each change applies to offenses beginning on and after the effective date of the legislation and is impacted by subsequent changes. This blog pulls the different changes together in one place, providing the quick reference chart below to explain which cases begin under juvenile jurisdiction and which cases begin under criminal jurisdiction.
Case Summaries: N.C. Court of Appeals (July 16, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 2025.
News Roundup
One of the top stories this week was the announcement by the Department of Justice that they intend to recommend a one-day, time-served sentence for former Louisville, Kentucky police officer, Brett Hankison. Hankinson was tried and convicted in federal court for using excessive force in violation of Breonna Taylor’s civil rights. Taylor was killed by police officers after they executed a no-knock search warrant around midnight on March 13, 2020. Taylor’s romantic partner mistook the officers for intruders and fired a shot, wounding one of the officers. Officers then collectively fired 22 shots, resulting in Taylor’s death. Although no shots fired by Hankinson hit Taylor, he fired ten times through a glass door and a window, and three of the shots entered an adjacent apartment occupied by another family. Hankinson’s conviction carries a maximum sentence of life, and his presentence report recommends a sentence of between 11- and 14-years imprisonment. The Justice Department contends that the felony conviction, lost firearms rights, and lost ability to work as a law enforcement officer is punishment enough, given that Hankinson did not injure anyone and was returning fire. Read on for more criminal law news.
State v. Tate: DNA Analysis, the Confrontation Clause, and Testimonial Hearsay
My colleague Joe Hyde blogged last week about the Court of Appeals’ determination in State v. Tate, __ N.C. App. ___ (June 18, 2025), that the trial court did not err when it instructed the jury on a theory that was not alleged in the indictment. I’m returning to Tate this week to discuss another aspect of the Court’s holding, namely its determination that the defendant’s confrontation clause rights were not violated when an expert from the State Crime Lab testified to an opinion that was based in part on DNA test results generated by private third-party laboratory. This post will unpack the court’s analysis of that issue and will consider what it might mean for testimony by substitute analysts more generally.
May a Sheriff or a Deputy Enforce a Municipal Ordinance?
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the county sheriff to provide law enforcement services. The sheriff certainly has territorial jurisdiction to enforce state laws within city limits. But may the sheriff and his or her deputies also enforce municipal ordinances?
News Roundup
Floods have gripped the nation. From Texas, to New Mexico, to here in central North Carolina, severe floods have taken lives and devastated communities. In Texas, floods have killed over 120 people statewide, with over 160 still missing. Due to substantial damage, recovery efforts have slowed, signaling a long road ahead for those with missing loved ones. In New Mexico, flash flooding on Tuesday killed three people and severely damaged the mountain community of Ruidoso—which just spent a year recovering from devastating wildfires and flooding in 2024. Locally, tropical storm Chantal brought heavy flooding across five counties on Sunday evening, taking six lives. Thunderstorms and flooding have continued through the week, striking Durham on Wednesday and multiple counties last night. For those affected, click here for shelter options, water notices, and other flood relief resources. Local businesses and charities are also leading the way in collecting and distributing donations. Read on for the latest in criminal law news.