The Confrontation Clause of the Sixth Amendment generally guarantees a criminal defendant the right to confront and cross-examine his accusers in person. If a witness was available for an earlier […]
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, […]
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 […]
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 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 […]