News Roundup
The biggest national (and international) criminal law story this week involves the December 1988 terrorist attack on Pan Am Flight 103. The flight was destroyed by a bomb over Lockerbie, […]
2022 Criminal Legislative Summaries
It’s the most wonderful time of the year: legislative summaries are now available. Though the North Carolina General Assembly has not yet adjourned, it does not expect to have votes […]
State v. Eagle: Blue Lights and Impeded Egress Equal a Fourth Amendment Seizure
The North Carolina Court of Appeals in State v. Eagle, 2022-NCCOA-680, ___ N.C. App. ___, 879 S.E.2d 377 (2022), considered whether the driver of a car that had already stopped […]
Incapacity to Proceed (G.S. Chapter 15A) and Incompetency (G.S. Chapter 35A): Apples and Oranges?
Incapacity to proceed under North Carolina General Statutes (G.S.) Chapter 15A and incompetency proceedings under G.S. Chapter 35A involve, at least in part, a court inquiry into someone’s cognitive abilities. […]
News Roundup
Tens of thousands of residences and businesses in Moore County began the week without electricity after two electrical substations in the county were damaged by gunfire on Saturday evening. Federal, […]
Case Summaries – N.C. Court of Appeals (Dec. 6, 2022)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 6, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Case Summaries: Fourth Circuit Court of Appeals (Nov. 2022)
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during November 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit […]
Updated Model Local Bail Policy
The North Carolina General Statutes require the senior resident superior court judge to issue a local bail policy, in consultation with the chief district court judge or judges. G.S. 15A-535(a). […]
Circuit Split! New Opinion Upholds Warrantless Tire Chalking
Shea posted here about a 2019 opinion from the Sixth Circuit holding that chalking tires for purposes of parking enforcement was a Fourth Amendment search and rejecting at least some […]
News Roundup
Yale Law School graduate and Oath Keepers founder Stuart Rhodes was convicted this week of seditious conspiracy for his role in the January 6 storming of the United States Capitol. […]