This post summarizes published criminal decisions from the North Carolina Court of Appeals released on March 15, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries – Supreme Court of North Carolina (March 11, 2022)
This post summarizes criminal decisions released by the Supreme Court of North Carolina on March 11, 2022.
News Roundup
As the Associated Press reports, countries around the world are calling for an investigation of whether Russia has committed war crimes during its invasion of Ukraine. In a joint press conference with Polish President Andrzej Duda, Vice President Kamala Harris expressed the US Government’s support for the investigation, saying that Russia had committed “atrocities” during the invasion by bombing civilian areas, including an attack on a maternity hospital in Ukraine. Keep reading for more news.
Prosecuting Defendants in Bankruptcy
This post summarizes an unusual point of law that recently caught me by surprise, and it’s one which I don’t believe we’ve ever directly covered on the criminal law blog before: the impact of bankruptcy on criminal charges.
After reading that introduction, I know some of you may be tempted to skip this one, but bear with me — whether you’re prosecuting or defending, and whether it’s a complex felony embezzlement case or a simple misdemeanor failure to return rental property, this could potentially be a pretty big deal. (Alternatively, if that’s not enough to hook you, please click through anyway to see a personal announcement at the end of this post.)
News Roundup
As Reuters reports, this week Purdue Pharma and its owners the Sackler family agreed to pay $6 billion to resolve litigation brought by a group of state attorneys general related to the company’s substantial culpability for the American opioid epidemic. The deal is part of bankruptcy proceedings that, if approved, will result in Purdue Pharma ceasing to exist. In 2020 Purdue Pharma pleaded guilty to federal criminal charges related to its distribution of OxyContin. Keep reading for more news.
Case Summaries – N.C. Court of Appeals (March 1, 2022)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on March 1, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
New Resource on Injury for Assault and Other Offenses
I am excited to announce the release of a new guide on Defining “Injury” for North Carolina Assault and Other Offenses.
News Roundup
As the Atlanta Journal-Constitution reports, Travis McMichael, Greg McMichael, and William “Roddie” Bryan were convicted this week by a federal jury of hate crimes related to their murder of Ahmaud Arbery in Georgia two years ago. All three men were convicted of state murder charges in December of last year. Outside the courthouse, Arbery’s family celebrated the verdict and thanked supporters for standing by them in what they called a “very long, stressful fight” for justice. Keep reading for more news.
Possession of Fentanyl (2022 Update)
In an earlier post, I wrote that simple possession of fentanyl was a misdemeanor Schedule II offense under then-current law. No more. Effective Dec. 1, 2021, fentanyl possession in any amount is treated as a felony. I have been receiving calls about the change and thought a brief post would be useful. Read on for the details.