Case Summaries – N.C. Court of Appeals (Feb. 7, 2023)
This post summarizes the published criminal opinion from the North Carolina Court of Appeals released on February 7, 2023. This summary will be added to Smith’s Criminal Case Compendium, a […]
N.C. Supreme Court Weighs in, Again, on Forfeiture of Counsel
In December, the North Carolina Supreme Court decided State v. Atwell, 2022-NCSC-135, ___ N.C. ___ (2022)—its third time weighing in on the issue of forfeiture of counsel. The defendant had […]
The Effect of Legal Hemp on Drug Dog Sniffs (Part I)
Hemp and hemp products are now legal under state and federal law. Hemp is the same plant as marijuana and contains the same chemical compounds, though in different concentrations. Could […]
News Roundup
The New York Times story about Tyre Nichols’ funeral is here. Rev. Al Sharpton delivered the principal eulogy, but there were many speakers, including Mr. Nichols’ mother and Vice President […]
NC Supreme Court Orders Trial Court to Reconsider Gag Order in Greensboro Body Camera Case
The North Carolina Supreme Court held last December in In re Custodial Law Enforcement Recording, 2022-NCSC-125, 881 S.E.2d 96 (2022), that a trial court abused its discretion in denying the […]
Taking a Leave to Work for the New Department of Adult Correction
Effective January 1, 2023, the state correctional system was transferred from the Department of Public Safety to its own cabinet-level department, the Department of Adult Correction. S.L. 2021-180, sec. 19C.9. […]
May an Officer Stop a Car to Serve an Occupant with a Subpoena or Other Civil Process?
Suppose that Victor Victim was the victim of a non-fatal shooting. Law enforcement has charged Dan Defendant with the crime, but Victor is not enthusiastic about testifying against Dan and […]
News Roundup
The Associated Press reports here that “[f]ive fired Memphis police officers were charged Thursday with murder and other crimes in the killing of Tyre Nichols, a Black motorist who died […]
Case Summaries – N.C. Court of Appeals (Jan. 17, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 17, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
The Common Law is Dead; Long Live the Common Law!
In State v. McLymore, 380 N.C. 185, 868 S.E.2d 67 (2022), our Supreme Court held that Section 14‑51.3 “supplants the common law on all aspects of the law of self-defense […]