Can a Canada Labour Code lawyer handle grievance procedures?
Canada Labour Code lawyer handle grievance procedures Grievance procedures are a central part of maintaining fairness and accountability in unionized...
Legal Law
Can toxic workplaces cause a constructive dismissal claim?
Toxic workplaces can have serious consequences on employees, sometimes leading to a Constructive dismissal claim. When an employer creates an...
Can wrongful dismissal claims include mental distress damages?
wrongful dismissal claims Can wrongful dismissal claims include mental distress damages? This question is increasingly relevant as courts and adjudicators...
What should I avoid telling a workplace harassment lawyer?
Avoid telling a workplace harassment lawyer When seeking legal help for a sensitive issue like harassment, many people wonder, “What...
Fourth Circuit Court of Appeals (Aug. 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during August 2025....
Devalle and the Good Moral Character Requirement for Law Enforcement Officers – North Carolina Criminal Law
Law enforcement officers in North Carolina must have good moral character to be certified, and may lose their certification if...
Remote Hearings for Prisoners – North Carolina Criminal Law
During the pandemic, we got accustomed to doing certain court proceedings virtually—initially under authority of the Chief Justice’s emergency orders...
News Roundup – North Carolina Criminal Law
One of the top stories this week is that of Decarlos Brown, who was charged in the fatal stabbing of...
Some Other Provision of Law – North Carolina Criminal Law
Several criminal statutes include the provision that a person who commits the offense prescribed is guilty of a designated class...
N.C. Court of Appeals (Sept. 3, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2025. In...
News Roundup – North Carolina Criminal Law
Jasveen Sangha, dubbed the “Ketamine Queen,” pled guilty on Wednesday to selling Matthew Perry the drugs that resulted in his...
Some Foundation Required for DRE Testimony – North Carolina Criminal Law
In light of the recent Court of Appeals opinion State v. Moore, this post is a follow-up to the 2018...
Legislature Revisits Law on Immigration Detainers – North Carolina Criminal Law
A few months ago, I blogged about the legislative changes that took effect last year surrounding the processing of defendants...
News Roundup – North Carolina Criminal Law
For the third week, federal forces continue to perform law enforcement duties in the District of Columbia pursuant to President...
Cases Outside North Carolina – North Carolina Criminal Law
In February, I blogged about State v. Thomas, 295 N.C. App. 564 (2024), and whether law enforcement can review ankle-monitoring...
N.C. Supreme Court (August 22, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on August 22, 2025. Previously, summaries...
No Interscholastic Athletics Participation in Public Schools After a Felony Conviction – North Carolina Criminal Law
A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields....
N.C. Court of Appeals (Aug. 20, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2025. An...
News Roundup – North Carolina Criminal Law
Erik Menendez was denied parole by a panel of California commissioners yesterday. He and his brother Lyle were sentenced to...
Annual Report from the North Carolina Judicial College (2024-25) – North Carolina Criminal Law
I am excited to share this year’s annual report from the North Carolina Judicial College. Taking stock of a year’s...
Fourth Circuit Court of Appeals (July 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July of...
News Roundup – North Carolina Criminal Law
President Trump deployed the D.C. National Guard, took control of the Metropolitan Police Department, and reassigned FBI agents from their...
New Edition of Probation Violations in North Carolina – North Carolina Criminal Law
I’m happy to announce the availability of the Second Edition of Probation Violations in North Carolina. The book is available...
News Roundup – North Carolina Criminal Law
The town of Wendell, NC, recently purchased two drones and associated equipment for $20,000 to support the police department. Officials...
New Limits on MARs in Noncapital Cases – North Carolina Criminal Law
My colleagues have been blogging about some of the changes to our criminal law wrought by recent legislation. Session Law...
N.C. Court of Appeals (August 6, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6, 2025. The...
New Judicial College Course Catalog – North Carolina Criminal Law
The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has...
Summer 2025 Motor Vehicle Law Changes – North Carolina Criminal Law
The legislature enacted a raft of changes this summer to motor vehicle and criminal law. This post examines three session...
Notes from Other Jurisdictions – North Carolina Criminal Law
When a person is arrested, a law enforcement officer must take that person before a judicial official without unnecessary delay....
The Impact of Arizona v. Gant on Searches of Hand Luggage Incident to Arrest – North Carolina Criminal Law
Law enforcement officers have long been authorized to search a person incident to the person’s arrest. But the precise scope...
News Roundup – North Carolina Criminal Law
If you thought it was only corner-cutting lawyers and tech-savvy college students that were relying on artificial intelligence to do...
New Crime of Exposing a Child to Controlled Substances and Other 2025 Drug Law Changes – North Carolina Criminal Law
As regular readers know, the General Assembly passed a slew of statutes affecting our criminal law this summer, including controlled...
Changes on the Horizon for Misdemeanor Crime of Domestic Violence – North Carolina Criminal Law
Several times a year, I teach different groups about criminal domestic violence laws in North Carolina. Last year, I highlighted...
New Free Webinar Friday on Recovery Courts and the Role of Defense Counsel – North Carolina Criminal Law
In case you missed it, I wanted to remind folks that the Public Defense Education team here, with support from...
Did the General Assembly Just Remove the “Nighttime” Element of Burglary? – North Carolina Criminal Law
A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite...
News Roundup – North Carolina Criminal Law
The Alamo announced last week that it’s got Pee-wee’s stolen red bicycle, as foretold in the 1985 film “Pee-wee’s Big...
A New Way to Authenticate Video? State v. Windseth and the Business Records Exception – North Carolina Criminal Law
Special thanks to Sloan Godbey, Summer Law Fellow at UNC SOG, for their significant contributions to this post. In March...
COA Shuts Down Second Amendment Challenges to Firearm by Felon – North Carolina Criminal Law
Back in February, the Court of Appeals decided State v. Nanes, COA24-487, ___ N.C. App. ___; 912 S.E.2d 202 (Feb....
The Evolving Law of Juvenile Jurisdiction – North Carolina Criminal Law
The law that governs which cases begin under juvenile jurisdiction changed three times between 2019 and 2025. Each change applies...
N.C. Court of Appeals (July 16, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 2025. A...
News Roundup – North Carolina Criminal Law
One of the top stories this week was the announcement by the Department of Justice that they intend to recommend...
DNA Analysis, the Confrontation Clause, and Testimonial Hearsay – North Carolina Criminal Law
My colleague Joe Hyde blogged last week about the Court of Appeals’ determination in State v. Tate, __ N.C. App....
Fourth Circuit Court of Appeals (June 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June of...
May a Sheriff or a Deputy Enforce a Municipal Ordinance? – North Carolina Criminal Law
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the...
News Roundup – North Carolina Criminal Law
Floods have gripped the nation. From Texas, to New Mexico, to here in central North Carolina, severe floods have taken...
Highlights from the 2024 Sentencing Commission Statistical Report – North Carolina Criminal Law
Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. This year’s...
New Report on the Use of Social Workers in NC Public Defender Offices – North Carolina Criminal Law
Last month, the School of Government’s Criminal Justice Innovation Lab released a new report evaluating the implementation of social work...
Surplus Theory in State v. Tate. – North Carolina Criminal Law
After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all...
Who should use a severance pay calculator Ontario?
use a severance pay calculator Ontario The severance pay calculator Ontario is a practical online tool designed to help individuals...
N.C. Court of Appeals (July 2, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2025. Smell...
State v. Aspiote and Contempt Proceedings Against a Person Who Appears Impaired in Court – North Carolina Criminal Law
In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the...
Delaying Initial Appearances and Detaining Impaired Drivers – North Carolina Criminal Law
After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S....
New Bulletin on Double Jeopardy in North Carolina – North Carolina Criminal Law
A new Administration of Justice Bulletin on Double Jeopardy in North Carolina is now available. I previously posted about double...
News Roundup – North Carolina Criminal Law
Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This...
Common Character Evidence Questions in Self-Defense Cases – North Carolina Criminal Law
Character evidence is one of the most challenging areas of evidence law to navigate, as Jessie Smith observes here. Jessie’s...
Findings Required in Delinquency Dispositional Orders – North Carolina Criminal Law
Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate...
N.C. Court of Appeals (June 18, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2025. Previously,...
News Roundup – North Carolina Criminal Law
Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s desk. The deadline for his...
Grand Jurors, Impartiality, and Disqualification – North Carolina Criminal Law
In North Carolina, a person must be indicted by a grand jury or must waive the right to indictment before...
Apply Now! – North Carolina Criminal Law
If you’re working to protect vulnerable adults in your community, you know how important it is to have the right...
Fourth Circuit Court of Appeals (May 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2025....
How Far May Law Enforcement Officers Go in Misleading Suspects During Interrogations? – North Carolina Criminal Law
Law enforcement officers may mislead suspects during questioning. For example, an officer may falsely tell a suspect that an accomplice...
News Roundup – North Carolina Criminal Law
The Trump administration sued the state of New York on Thursday over a law that blocks immigration officials from arresting...
An Update on Twenty-Five Year Reviews of Life Sentences – North Carolina Criminal Law
Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without...
New Statewide Report with Recommendations to Improve Court Appearance Issues – North Carolina Criminal Law
In May, the North Carolina Statewide Court Appearance Project Committee released their Final Report with recommendations to promote court appearance...
Improper Argument in State v. Meadows – North Carolina Criminal Law
The defendant in State v. Meadows, No. COA24-149 (N.C. Ct. App. May 7, 2025), was convicted of murder based on...
N.C. Court of Appeals (June 4, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2025. Previously,...
News Roundup – North Carolina Criminal Law
Multiple acts of mass violence plagued the country this week. In Boulder, Colorado on Sunday, a man attacked a group...
State v. Chambers and the Substitution and Discharging of Alternate Jurors Pursuant to G.S. 15A-1215(a) – North Carolina Criminal Law
Criminal law practitioners may recall that in 2021 the General Assembly amended G.S. 15A-1215(a) to permit the substitution of an...
Drugs and Alcohol – North Carolina Criminal Law
Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture...
Surrender, Return, and Disposal of Firearms in Civil Domestic Violence Cases – North Carolina Criminal Law
North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be...
Police Officers, Correctional Officers, and Related Professionals Should Know That CBD Use May Result in Loss of Certification
If you’re a police officer, a correctional officer, a probation/parole officer, a juvenile court counselor, or a juvenile justice officer,...
News Roundup – North Carolina Criminal Law
The top story this week is that Olympic gold medalist Mary Lou Retton has been charged with DUI, per this...
N.C. Supreme Court (May 23, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on May 23, 2025. Jury instruction...
New Research on Juvenile Interventions and Reoffending – North Carolina Criminal Law
I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services...
N.C. Court of Appeals (May 21, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 21, 2025. These...
News Roundup – North Carolina Criminal Law
On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two dozen police departments accused of...
A Persistent Ethical Dilemma – North Carolina Criminal Law
Suppose you are a defender representing a client charged with Possession of Firearm by Felon. You receive a plea offer...
What Does it Mean for a Criminal Case if the Defendant is Legally Incompetent and Has a Court-Appointed Guardian? – North Carolina Criminal Law
Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak...
Fourth Circuit Court of Appeals (April 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during April 2025....
News Roundup – North Carolina Criminal Law
New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose deaths in the U.S. declined...
Immigration Detainers – North Carolina Criminal Law
An immigration detainer is one of the key tools that Immigration and Customs Enforcement (ICE) uses to apprehend individuals who...
Evidence of Gang Affiliation in State v. Ervin – North Carolina Criminal Law
A defendant who claims self-defense is generally permitted to offer evidence of the victim’s prior violent conduct if known to...
N.C. Court of Appeals (May 7, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 7, 2025. These...
News Roundup – North Carolina Criminal Law
The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns beachgoers when a shark has...
Double-Secret Post-Release Supervision – North Carolina Criminal Law
Post-release supervision has been mandatory for all felonies since 2011. But rarely if ever does anyone mention it when advising...
When is Driving While License Revoked a Grossly Aggravating Factor? – North Carolina Criminal Law
There are six sentencing levels for Driving While Impaired (DWI) convictions. A defendant is only exposed to the three most...
The Use of Minors as Confidential Informants – North Carolina Criminal Law
Serving as a confidential informant can be dangerous, whether the informant is an adult or underage. As to minors working...
News Roundup – North Carolina Criminal Law
The top national story this week is that the Supreme Court just heard oral argument in a case involving a...
Procedures for Criminal Bench Trials in Superior Court – North Carolina Criminal Law
The North Carolina Constitution historically mandated trial by jury in all criminal cases in superior court. See N.C. Const. Art....
May an Undercover Officer Engage in Sexual Activity with a Suspected Prostitute? – North Carolina Criminal Law
I read a news article some time ago about officers who investigate suspected prostitutes by going undercover and purchasing their...
News Roundup – North Carolina Criminal Law
The top story this week is that country music star Jelly Roll has been recommended for a pardon by a...
Authentication of Digital Communications Chart – North Carolina Criminal Law
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in...
Juveniles and Vehicle Seizure Under G.S. 20-28.3 – North Carolina Criminal Law
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an...
N.C. Court of Appeals (April 16, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2025. These...
Updated Chapters in Superior Court Judges’ Benchbook – North Carolina Criminal Law
Three chapters in the criminal law section of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is...
Fourth Circuit Court of Appeals (March 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2025....
Supreme Court Upholds ATF Regulation Defining Gun “Parts Kits” as Firearms – North Carolina Criminal Law
A couple of weeks ago, the Supreme Court decided Bondi v. VanDerStok, 604 U.S. __ (2025). It is an administrative...
What’s the average settlement they achieve?
average settlement they achieve When navigating an employment dispute, a common and understandable question that comes up is, “What’s the...
News Roundup – North Carolina Criminal Law
A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster...
Good . . . ‘Cause – North Carolina Criminal Law
This post is about the recurring issue of the requirement for a court to make findings of “good cause shown...
Preservation Reservations in State v. Bell – North Carolina Criminal Law
The defendant in State v. Bell, No. 86A02-2 (N.C. March 21, 2025), failed to object to gender-based discrimination during jury...
N.C. Court of Appeals (April 2, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 2, 2025. These...
News Roundup – North Carolina Criminal Law
On Wednesday, the Michigan Supreme Court held in a 5-1 opinion that the odor of marijuana alone isn’t a sufficient...
NCSC project: Preserving the Future of Juries & Jury Trials – North Carolina Criminal Law
The National Center for State Courts (NCSC) recently published a report addressing “unprecedented challenges” facing juries and jury trials. The...
More on Units of Prosecution – North Carolina Criminal Law
It has long been held that the allowable unit of prosecution for an offense is within the discretion of the legislature. See, e.g., Bell...
Court Clarifies Unit of Prosecution for Hit and Run – North Carolina Criminal Law
Earlier last month, the Court of Appeals decided State v. Watlington, COA23-1106, ___ N.C. App. ___ (2025). Among other issues,...
News Roundup – North Carolina Criminal Law
On Wednesday, the U.S. Supreme Court upheld a federal regulation requiring, among other things, that those who make or sell...
New Bulletin on Social Workers in Public Defender Offices and Issues Involving Mandatory Reporting – North Carolina Criminal Law
Increasingly, public defender offices are bringing social workers in-house. As part of a growing interest in holistic defense, these offices...
Returning Juveniles with Pending Delinquency Matters in Other States Under the Interstate Compact for Juveniles – North Carolina Criminal Law
The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of...
N.C. Supreme Court (Mar. 21, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on March 21, 2025. These...
Help Support the SOG – North Carolina Criminal Law
Today is GiveUNC day, the university’s annual one-day fundraising event for alumni, faculty, staff, supporters, and fans of Carolina to...
N.C. Court of Appeals (March 19, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 19, 2025. These...
News Roundup – North Carolina Criminal Law
Hundreds of Venezuelan immigrants were summarily deported from the United States to a prison in El Salvador last weekend. Federal...
When May a Trial Judge Reject a Plea Entered Pursuant to a Plea Agreement? – North Carolina Criminal Law
A trial judge has broad discretion regarding whether to accept a defendant’s guilty plea entered pursuant to a plea agreement...
How does an employment law consultation for employers guide policy updates?
employment law consultation for employers guide policy updates An employment law consultation for employers plays a crucial role in guiding...
Spring 2025 Cannabis Update – North Carolina Criminal Law
I have been covering developments around the legalization of hemp in North Carolina since 2018. Never did I suspect then...
Fourth Circuit Court of Appeals (Feb. 2025) – North Carolina Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2025....
When Can the Police Seize a Cell Phone Incident to Arrest, and How Long Can They Keep It? – North Carolina Criminal Law
Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident...
News Roundup – North Carolina Criminal Law
The news story that captured my attention this week is not exactly, or not entirely, a criminal law story. Mahmoud...
The End of the Super-Contingent Sentence – North Carolina Criminal Law
Under G.S. 15A-1346(b), a sentencing court has the authority to order a probationary sentence to run consecutively to an undischarged...
When is Double Jeopardy a Rule of Evidence? – North Carolina Criminal Law
The defendant in State v. Greenfield, No. COA23-597 (N.C. Ct. App. Feb. 19, 2025), argued the trial court erred by...
N.C. Court of Appeals (March 5, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2025. These...
News Roundup – North Carolina Criminal Law
A man is scheduled to be executed by firing squad this evening, which would be the first firing squad execution...
State v. Fearns Finds Second Judge Lacked Authority to Enter Order When Hearing Was Held by First Judge – North Carolina Criminal Law
A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another...
Temporary Release Pending Trial – North Carolina Criminal Law
In previous posts, I’ve addressed the expedited scheduling requirements and opportunities for permanent release of motor vehicles seized pursuant to...
Machine-Generated Data, Lab Tests, and the Confrontation Clause – North Carolina Criminal Law
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution limits the use of testimonial hearsay statements by an...
News Roundup – North Carolina Criminal Law
We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many times before on the blog...
Can Law Enforcement Review Ankle Monitor Location Data Without a Warrant? – North Carolina Criminal Law
Last September, the Court of Appeals decided State v. Thomas, No. COA23-210, __ N.C. App. __ (2024), a case involving...
Court Forms and Forensic Evaluators – North Carolina Criminal Law
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures...
N.C. Court of Appeals (Feb. 19, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 19, 2025. These...
News Roundup – North Carolina Criminal Law
Seven men are charged with stealing millions from the homes of six professional athletes across the country, as reported by...
What happens when the original judge is no longer available? – North Carolina Criminal Law
Questions sometimes arise in criminal cases about whether a new judge may pick up duties initially undertaken by another judge...
How can a lawyer protect my rights in workplace harassment cases?
workplace harassment cases If you are experiencing workplace harassment, you may wonder, how can a lawyer protect my rights in...
Fourth Circuit Court of Appeals (Jan. 2025) – North Carolina Criminal Law
This post summarizes published criminal law cases released by the Fourth Circuit Court of Appeals during January 2024. Cases of...
Children and Consent Searches – North Carolina Criminal Law
Some time ago, I received an email from a researcher asking whether a minor may consent to the search of...
News Roundup – North Carolina Criminal Law
After a two-week evidentiary hearing last February, and closing arguments delivered in August, Superior Court Judge Wayland Sermons Jr. issued...
Jail Credit During a Pending Post-Release Supervision Violation – North Carolina Criminal Law
There are about 10,000 people on post-release supervision (PRS) in North Carolina. Some of them get charged with a new...
Congratulations to Newly Certified Magistrates – North Carolina Criminal Law
For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with...
New Bulletin on Aggregation under G.S. 15A-1340.16F – North Carolina Criminal Law
A new Administration of Justice Bulletin on Aggregation of Financial Crimes is now available. I previously posted about this topic...
N.C. Court of Appeals (Feb. 5, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 5, 2025. These...
News Roundup – North Carolina Criminal Law
Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi...
U.S. Supreme Court (Jan. 21, 2025) – North Carolina Criminal Law
This post summarizes a criminal law decision published by the U.S. Supreme Court on Jan. 21, 2025. Due process protection...
Pretrial Release of Seized Motor Vehicles – North Carolina Criminal Law
In every case where a person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1),...
N.C. Supreme Court (Jan. 31, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on January 31, 2025. These...
Framed – North Carolina Criminal Law
I’ve enjoyed quite a few books by John Grisham. I liked some of his early fiction a great deal. His...
News Roundup – North Carolina Criminal Law
The lead story this week is the sentencing of former U.S. senator Bob Menendez on Wednesday to 11 years in...
Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams – North Carolina Criminal Law
The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or...
Public Records and Minors Arrested Under Criminal Jurisdiction – North Carolina Criminal Law
Does the law that makes personally identifiable arrest information a public record apply to the arrest of a person who...
How We Compare to Spain – North Carolina Criminal Law
I recently had the opportunity to travel to Spain, where I networked with academic colleagues, gave a talk about American...
News Roundup – North Carolina Criminal Law
As one of his first acts as in office, President Trump issued sweeping pardons and commutations for the people convicted...
Can you receive severance pay if you’re laid off for performance?
severance pay if you’re laid off for performance A company may choose to lay off employees as part of a...
What Is It and When Must It Be Disclosed to the Defense? – North Carolina Criminal Law
I recently completed a series of posts on issues surrounding confidential informants (“CI’s”), discovery, and motions to reveal the CI’s...
N.C. Court of Appeals (Jan. 15, 2025) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 15, 2025. These...
Fourth Circuit Court of Appeals (December 2024) – North Carolina Criminal Law
This post summarizes published criminal law cases released by the Fourth Circuit Court of Appeals during December 2024. Cases of...
News Roundup – North Carolina Criminal Law
This morning, President Biden announced that he will commute the sentences of nearly 2,500 inmates serving long prison terms for...
Justice Riggs, Seat 6, and Holdover Status – North Carolina Criminal Law
In September 2023, then-Governor Roy Cooper appointed Allison Riggs to fill a vacancy on the North Carolina Supreme Court created...
N.C. Court of Appeals (July 18, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 18, 2023. These...
2025 Expunction Guide Available for Free! – North Carolina Criminal Law
With a teaser like that, who could resist reading more? The 2025 edition of my online guide to expunctions is...
The Adolescent Brain and Mens Rea – North Carolina Criminal Law
Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require...
Unilateral Conspiracy and Money Laundering – North Carolina Criminal Law
North Carolina is a bilateral conspiracy jurisdiction. Defining conspiracy as a combination of two or more persons to do an...
Updated Chapters in Superior Court Judges’ Benchbook – North Carolina Criminal Law
I’m writing this week to let readers know that several chapters in the criminal law section of the Superior Court...
Criminal Series of the Clerks’ Manual Now Available – North Carolina Criminal Law
I am pleased to announce that the updated chapters in the Criminal Series of the Clerks’ Manual are now available....
News Roundup – North Carolina Criminal Law
Hunter Biden has been the focus of journalistic, criminal, and political investigations for years as a result of questionable overseas...
Officer Discretion and Failure to Discharge Duties under G.S. 14-230 – North Carolina Criminal Law
Law enforcement officers can’t cite every jaywalker, stop every speeder, and arrest every underage drinker, nor would most people want...
N.C. Court of Appeals (August 1, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 1, 2023. These...
News Roundup – North Carolina Criminal Law
On Tuesday, former President Donald Trump was indicted for a third time. Trump previously was indicted in New York state...
Reimaging Police Crisis Response – North Carolina Criminal Law
On August 22, 2023, from 11:00 am to 12:00 pm EST, the UNC School of Government Criminal Justice Innovation Lab...
News Roundup – North Carolina Criminal Law
In the waning weeks of his four-year term, President Biden announced commutations of 37 of 40 federal death sentences. With...
trespassing in space and time – North Carolina Criminal Law
I recently participated in a webinar with my colleagues Chris McLaughlin and Kirk Boone about the right of tax appraisers...
Recent Legislation Outlaws Street Takeovers – North Carolina Criminal Law
Last month the General Assembly enacted new G.S. 20-141.10 criminalizing so-called street takeovers. S.L. 2023-97. A street takeover occurs when...
Fourth Circuit Court of Appeals (July 2023) – North Carolina Criminal Law
This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals released in July 2023....
Calendaring Offenses Involving Seized Motor Vehicles – North Carolina Criminal Law
Law enforcement has authority to seize a person’s motor vehicle in several circumstances. Motor vehicles may be seized as evidence...
Speech Integral to Criminal Conduct – North Carolina Criminal Law
The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to...
N.C. Court of Appeals (Dec. 31, 2024) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 31, 2024. These...
N.C. Court of Appeals (August 15, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 15, 2023. These...
2025 Video Sweepstakes Update – North Carolina Criminal Law
On New Year’s Eve, the North Carolina Court of Appeals issued an opinion in No Limit Games, LLC v. Sheriff...
News Roundup – North Carolina Criminal Law
Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County grand jury returned a 41-count...
Juvenile Code Does Not Authorize Transfer Based on Consent – North Carolina Criminal Law
One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction...
North Carolina’s new Pretrial Integrity Act – North Carolina Criminal Law
As a general rule, most defendants are entitled to have conditions of pretrial release set without unnecessary delay, and this...
News Roundup – North Carolina Criminal Law
Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to be booked on criminal charges...
Removing State Criminal Charges to Federal Court – North Carolina Criminal Law
Every law student learns that state civil cases may be “removed” to federal court under certain conditions – usually when...
News Roundup – North Carolina Criminal Law
I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led...
Legislature Tweaks Jurisdictional Rules for District and Superior Courts – North Carolina Criminal Law
A few weeks ago, I wrote about one part of S.L. 2023-97 (S 91), which prohibited street takeovers. This post...
N.C. Supreme Court (Sept. 1, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on September 1, 2023. These...
N.C. Court of Appeals (Sept. 5, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 5, 2023. These...
News Roundup – North Carolina Criminal Law
A convicted murderer remains on the lam in the suburbs of Philadelphia following his escape from jail last week. The...
Why Must There Be Probable Cause That the Triggering Condition Will Happen? – North Carolina Criminal Law
In preparation for some upcoming teaching, I’ve been brushing up on anticipatory search warrants. Such warrants authorize a search, but...
Case Summary — State v. Richardson, No. 272A14 (N.C. Sept. 1, 2023). – North Carolina Criminal Law
Presented with an appalling set of facts, the North Carolina Supreme Court unanimously upheld the defendant’s convictions for murder, kidnapping,...
More on the New Pretrial Integrity Act – North Carolina Criminal Law
Last month, my colleague Jeanette Pitts blogged about the new Pretrial Integrity Act enacted under S.L. 2023-75 (H 813). Since...
State v. Calderon Refines Analysis of When Acts Support Multiple Counts of Indecent Liberties – North Carolina Criminal Law
A recent court of appeals case, State v. Calderon, ___ N.C. App. ___ (2023), sets forth a new test for...
News Roundup – North Carolina Criminal Law
A convicted murderer who escaped from prison in Pennsylvania and remained on the loose for two weeks was captured this...
N.C. Court of Appeals (Sept. 12, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 12, 2023. These...
Fourth Circuit Court of Appeals (Aug. 2023) – North Carolina Criminal Law
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during August 2023. Cases...
N.C. Court of Appeals (Sept. 19, 2023) – North Carolina Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 19, 2023. These...
News Roundup – North Carolina Criminal Law
On Monday, Illinois became the first state to eliminate cash bail. A provision of the state’s criminal justice reform law...
Transfer and Mental Health Evaluations – North Carolina Criminal Law
Session Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part...
2023 Appropriations Act Enacts Significant Court-Related Changes – North Carolina Criminal Law
Several provisions of the 2023 Appropriations Act (H 259) ratified by the General Assembly last week (which is expected to...
Changes to the Death by Distribution Law – North Carolina Criminal Law
The opioid crisis seems to be getting worse every year. NCDHHS reports that in 2021, over 4,000 North Carolinians died...
News Roundup – North Carolina Criminal Law
Law enforcement officers in Philadelphia arrested more than 50 people Tuesday night after a flash mob ransacked dozens of stores,...
