The North Carolina legislature recently passed S.L. 2021-68 which amends the existing financial transaction card theft statute to include knowingly possessing, selling, or delivering a skimming device.
Bill Cosby was released from prison this week after the Pennsylvania Supreme Court ruled that his 2018 prosecution for sexually assaulting Andrea Constand violated due process. In 2018, Cosby was […]
Nearly 15 years ago, the General Assembly created the misdemeanor offense of failing to appear for two years for an implied consent offense. See S.L. 2006-253 (enacting new G.S. 20-28(a3), […]
On Wednesday, President Joe Biden announced a “comprehensive strategy to combat gun violence and other violent crime” ahead of the summer months when major cities often experience increased gun violence. […]
This post summarizes the United States Supreme Court’s decision in Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021). This summary will be added to Smith’s Criminal […]
My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case […]
Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary […]
ABC News reports that approximately 50 police officers resigned en masse from the Portland Police Bureau’s Rapid Response Team this week after a member of the team was indicted by […]
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 15, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free […]
I received an interesting question recently when I taught about the intersection of criminal defense and Chapter 35A incompetency. Suppose a person is adjudicated incompetent in a Chapter 35A proceeding […]