Case Summaries: N.C. Court of Appeals (March 5, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a […]
State v. C.K.D.: Knoll What?
I have written before about the cache associated with a handful of unpublished opinions from the North Carolina Court of Appeals. Sure, they aren’t binding, but they can be persuasive. […]
When (and If) an Order for Arrest Should Issue after Dismissal to the Grand Jury
It is no secret that probable cause hearings are rare throughout North Carolina, despite clear provisions for conducting them in the general statutes. See G.S. 15A-606, 611-614. The reasons for […]
Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?
If I had to answer the question in the title of this post in the briefest possible way, I would say: not usually. But there’s a lot of uncertainty and […]
Book Review: The Other Dr. Gilmer
It may have something to do with my day-job, but in my free time I generally prefer to read fiction. I made an exception recently for Dr. Benjamin Gilmer’s 2022 […]
When Can the State Use Testimony from the Probable Cause Hearing at Trial?
My colleague, Phil Dixon, blogged about the Court of Appeals’ decision in State v. Joyner, 284 N.C. App. 681 (2022), here. In Joyner, the court ruled that the State did […]
Case Summaries: N.C. Supreme Court (Dec. 15, 2023)
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 15, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Case Summaries: Fourth Circuit Court of Appeals (November 15 & 21, 2023)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during November 2023. Cases of potential interest to state practitioners are summarized monthly. […]
Case Summaries: N.C. Court of Appeals (Nov. 21, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 21, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Probation Violations and the Pretrial Integrity Act
The Pretrial Integrity Act has been in effect for one month now and has generated several questions about the implications of the new provisions. Some of the most frequently asked […]