Case Summary: U.S. Supreme Court (Jan. 21, 2025)
This post summarizes a criminal law decision published by the U.S. Supreme Court on Jan. 21, 2025.
May 24, 2023
When a Law Enforcement Officer Is Fired, Is He or She Entitled to a Name Clearing Hearing?
Many, perhaps most, law enforcement officers in North Carolina are at will employees. As the saying goes, they may be fired for any reason or for no reason. But when […]
February 22, 2022
Court of Appeals Finds No Constitutional Violations Related to Pre-Raise the Age Prosecution in Criminal Court
Were the constitutional rights of defendants who were prosecuted as adults in criminal court for offenses that they committed at ages 16 or 17, and prior to December 1, 2019, […]
January 14, 2020
The Rules When There Are No Rules
In this blog post from 2012, Professor Jessica Smith summarized Rules of Evidence 101 and 1101, which together dictate that the rules of evidence apply to “all actions and proceedings […]
April 10, 2019
Charging the Felony After a Misdemeanor Appeal
This question has come up more than once around here lately, so I thought it would be worth summarizing in a blog post. The defendant is in district court charged […]
September 27, 2018
What’s the Statute of Limitations for a Felony in NC?
An experienced attorney from another state recently remarked on her surprise at learning that there was no statute of limitations barring the prosecution of felony offenses in North Carolina after […]
March 26, 2018
Fifth Circuit: Bail System Violates Due Process & Equal Protection
Organizations around the country have called for bail reform. Here at home, a report by the North Carolina Commission on the Administration of Law and Justice recommended that North Carolina […]
November 20, 2017
Trial Preparation Taints Eyewitnesses’ In-Court Identification, Leads to Reversal of Murder Conviction
Last week, the court of appeals reversed a defendant’s conviction for first-degree murder. That doesn’t happen every day, so let’s unpack the case. The central issue concerns two eyewitnesses’ in-court […]
June 26, 2017
Brady, Materiality, and Disclosure: Turner v. United States
The Supreme Court just decided Turner v. United States, rejecting the Brady claims of several defendants convicted of a brutal and highly publicized murder in Washington, D.C. Although the Court […]
June 20, 2017
When is Ignorance of the Law an Excuse?
An ancient maxim of the law is ignorantia juris non excusat, or ignorance of the law does not excuse. Put another way, it is presumed that the public knows the […]
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