This post summarizes one published criminal opinion from the Supreme Court of North Carolina released on April 28, 2023, and three published criminal opinions from the North Carolina Court of Appeals released on May 2, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
This post summarizes criminal decisions released by the Supreme Court of North Carolina on March 11, 2022.
This post summarizes opinions issued by the Supreme Court of North Carolina on August 14, 2020.
This post summarizes published criminal decisions from the North Carolina Supreme Court decided on May 1, 2020.
This post summarizes three opinions issued by the Supreme Court of North Carolina on November 1, 2019.
Many readers will by now have heard the news: Chief Justice Martin is stepping down to become the Dean of the Regent School of Law, a Christian law school in Virginia. This post looks back at his criminal justice legacy, and forward at the future of the court.
Shortly before Christmas, the state supreme court decided a littering case captioned State v. Rankin, __ N.C. __, __ S.E.2d __, 2018 WL 6714931 (Dec. 21, 2018). The majority ruled that because the indictment “failed to . . . allege all . . . elements of the offense . . . the trial court had no jurisdiction to enter a conviction . . . against defendant.” The rule that the omission of an element is a jurisdictional defect is long-standing law in North Carolina, but many other jurisdictions, including the federal courts, have abandoned it. Chief Justice Martin, in dissent, argued that North Carolina should follow suit. This post summarizes the North Carolina rule, explains the controversy in Rankin, discusses why other jurisdictions have left the rule behind, and considers whether the General Assembly might address the issue.