North Carolina is a bilateral conspiracy jurisdiction. Defining conspiracy as a combination of two or more persons to do an unlawful thing means that if the only other participant is an undercover officer or an informant – that is, one who lacks criminal intent – then there is no conspiracy. Under a new statute effective December 1, 2024, however, it is no defense to conspiracy to commit money laundering that the person with whom the defendant is alleged to have conspired was a law enforcement officer or acting at the direction of a law enforcement officer. G.S. 14-118.8(i). The new statute thus adopts the unilateral approach to conspiracy taken by the Model Penal Code and some other states. This post considers the new statute and its innovation in the law of conspiracy.
Criminal Series of the Clerks’ Manual Now Available
I am pleased to announce that the updated chapters in the Criminal Series of the Clerks’ Manual are now available.
News Roundup
In the waning weeks of his four-year term, President Biden announced commutations of 37 of 40 federal death sentences. With the exception of three individuals convicted of crimes involving “terrorism” or “hate-motivated mass murder,” Biden decided that the remaining federal death row prisoners should receive sentences of life without the possibility of parole. In 2021, Biden declared a moratorium on federal capital punishment to study protocols, and before that, he pledged action to end the death penalty at the federal level. The families of the victims reacted to the commutations with a range of emotions.
Calendaring Offenses Involving Seized Motor Vehicles
Law enforcement has authority to seize a person’s motor vehicle in several circumstances. Motor vehicles may be seized as evidence of a crime or for containing evidence of a crime, or as a consequence of being charged with certain offenses, including specified drug offenses, larcenies, and motor vehicle offenses. For some individuals charged with impaired driving or felony speeding to elude arrest, their vehicles may be seized and are subject to forfeiture pursuant to G.S. 20-28.3. In these cases, subsection (m) requires expedited scheduling and imposes additional requirements before the case can be continued. This post examines when subsection (m) applies, what it requires, and what may happen if it’s not followed.
Case Summaries: N.C. Court of Appeals (Dec. 31, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 31, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
2025 Video Sweepstakes Update
On New Year’s Eve, the North Carolina Court of Appeals issued an opinion in No Limit Games, LLC v. Sheriff of Robeson County, __ N.C. App. __, __ S.E.2d __, 2024 WL 5250431 (Dec. 31, 2024). The case represents the latest development in the long-running battle over electronic sweepstakes games in North Carolina. This post provides a brief history of the issue, summarizes the recent opinion, and discusses the evolving sweepstakes industry and legal efforts to address it.
Is Santa a Criminal?
Around this time of year, many Americans begin to think about Santa. Will he visit? What will he bring? Will Rudolph be guiding his sleigh? As children normally picture him, Santa is an elderly gentleman, dressed in a distinctive red-and-white outfit. He may seem kindly and generous. But upon closer reflection, his activities appear far less benign. This post analyzes his conduct under the criminal law.
Case Summaries: N.C. Court of Appeals (Dec. 17, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 17, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Case Summaries: N.C. Supreme Court (Dec. 13, 2024)
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 13, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
