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. […]
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, […]
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 […]
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 […]
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). […]
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 […]
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. […]
I am pleased to announce that Joe Hyde has joined our faculty. He will be working in the area of criminal law, especially as it relates to prosecutors. We hope […]
Crime statistics are compelling reading. When federal agencies release new estimates of the national crime rate, the news media pounce. The crime rate, its causes, and how to address crime […]
One of the unique features of the juvenile justice system is its statutory focus on identifying the needs of juveniles and resolving matters to provide “appropriate rehabilitative services to juveniles.” […]