Criminal Law

Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. This year’s report, based on data from Fiscal Year […]

It’s a movie. See it. Don’t see it. Whatever. But the fact that the new James Gunn Superman movie has become the latest focus of anti-woke grievance as the latest battle in the culture war is […]

Last month, the School of Government’s Criminal Justice Innovation Lab released a new report evaluating the implementation of social work positions in North Carolina public defender offices. This […]

The simplistic slogan that “no one is above the law” has become unfortunately popular, as it’s neither correct nor sound, gripping the public perception whenever it’s convenient. It was […]

After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all the elements of a crime. One issue that remains unresolved is the consequence of […]

Not too long ago, there was growing consensus that the “Warrior Cop” as described by Radley Balko’s seminal work was a bad thing, creating the mentality of police against citizenry rather than […]

Can a 16-year-old legally consent in Nebraska? What does it mean to be under the age of consent? The age of consent in Nebraska is 16 years old. This applies equally to both heterosexual and […]

Getting charged with minor in possession in Nebraska is a serious criminal offense. It might not sound like a big deal at first, but there are serious consequences in Nebraska for a minor in […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2025. Smell of marijuana justified a warrantless search of the juvenile’s vehicle. […]

Remember when the co-president was thought to be Elon Musk, before he decided to start a new political party because he was such a popular and charismatic figure in American politics? We were, […]

Whether or not it’s feasible, the fact remains that a couple of Trump’s most adoring congressional representatives want his face on Mount Rushmore, beside Washington, Jefferson, Lincoln and Teddy […]

Happy Independence Day, friends! For those of you who don’t celebrate, fuck you. This is a joyous day for celebrating everything American! But I must confess, I’m concerned about a lot of my […]

As regular readers of SJ know, I am surprisingly patriotic for someone who occasionally criticizes my nation and its officials, both right and left. It’s harder this year than it has been in the […]

In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the trial court erred in holding a defendant in direct criminal contempt for appearing in […]

When Skink sent me the decision yesterday, without comment, I opened it to see a mere 38-page ruling from the Eleventh Circuit. In the grand scheme of judicial decisions nowadays, meaning since the […]

Yesterday, with less than two full days of deliberations under their belt, jurors in the Sean “Diddy” Combs trial sent a note to the judge saying they had reached a verdict on four of the five counts […]

After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S. 15A-501(2). This is for the judicial official—often a […]

Zohran Mamdani and Elon Musk have two things in common. They are both naturalized American citizens, and they have both been mentioned as targets of denaturalization by Trump in the past few days. […]

In Colorado, you can be charged with theft even if you didn’t actually steal anything. State law focuses on intent, not just action. Holding onto lost property, keeping something delivered by […]

Only in Trump’s alternate reality version of America would Congress pass a bill where money is taken from the poor to pay the taxes of the rich. If I were near a computer I’d be playing […]

Putting aside whether you believe the Supreme Court of the United States is a bunch of Trump-loving partisan hacks or a more conservative court, but still one that prizes legal principle and […]

Immigration law, particularly that subset dealing with deportation, is a complex area that involves numerous procedural steps, filing requirements, supplemental documentation, and deadlines. Coming […]

If you are facing criminal charges in Illinois, understanding your options for resolving your case is crucial. As an experienced criminal defense attorney, I often explain to my clients the key […]

A new Administration of Justice Bulletin on Double Jeopardy in North Carolina is now available. I previously posted about double jeopardy here (When is Double Jeopardy a Rule of Evidence?) and here […]

Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This ESPN story reports that he received a suspended sentence, while “[t]he mother of […]

Character evidence is one of the most challenging areas of evidence law to navigate, as Jessie Smith observes here. Jessie’s blog features a useful chart to apply Rules 404 and 405 and also links […]

Carrying a concealed weapon is a serious responsibility—and in Colorado, the laws around it can be more complicated than they seem. If you carry a firearm or are thinking about getting a permit, […]

Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but […]

Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s desk. The deadline for his signature or veto is today. The first bill, SB 153, contains […]

In North Carolina, a person must be indicted by a grand jury or must waive the right to indictment before he or she may prosecuted in superior court for a felony offense. N.C. Const. Art. 1, § 22. […]

If you’re working to protect vulnerable adults in your community, you know how important it is to have the right people at the table to provide effective and efficient solutions. That’s why […]

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2025. Cases of potential interest to state practitioners are summarized […]

Sometimes, the key to a successful acquittal (or, in some matters, a successful reversal of a conviction) may have nothing to do with the facts of your case or the law of the crime charged. Your […]

Law enforcement officers may mislead suspects during questioning. For example, an officer may falsely tell a suspect that an accomplice has confessed, or may falsely state that incriminating physical […]

When a health issue is not identified correctly, or not identified at all, the delay in proper treatment can lead to further harm or even permanent damage. These situations are deeply personal, and […]

The Trump administration sued the state of New York on Thursday over a law that blocks immigration officials from arresting people at New York courthouses, saying it purposely shields dangerous […]

Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed between October 1, 1994, and November 30, […]

In May, the North Carolina Statewide Court Appearance Project Committee released their Final Report with recommendations to promote court appearance and provide alternative responses to missed […]

The defendant in State v. Meadows, No. COA24-149 (N.C. Ct. App. May 7, 2025), was convicted of murder based on evidence that he and two other men broke into the victim’s home and shot the victim to […]

Truck accidents can result in more than civil liability—they can also trigger criminal investigations, particularly when reckless driving, intoxication, or gross negligence is suspected. While many […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due […]

Multiple acts of mass violence plagued the country this week. In Boulder, Colorado on Sunday, a man attacked a group of people demonstrating on behalf of Israeli hostages held by Hamas with a […]

Criminal law practitioners may recall that in 2021 the General Assembly amended G.S. 15A-1215(a) to permit the substitution of an alternate juror after deliberations have begun in a criminal trial. […]

Shoplifting, also known as Retail Theft in Illinois, might seem like a minor offense to some, but it carries serious legal consequences. As an experienced criminal defense attorney who has spent […]

You might have heard police say, “You have the right to remain silent,” on TV or in movies. That’s part of what’s called Miranda rights. But these rights aren’t just for drama, they protect […]

Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture in North Carolina. It will cover the different circumstances in which law […]

North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be ordered to surrender to the sheriff “all firearms, machine guns, […]

If you’re a police officer, a correctional officer, a probation/parole officer, a juvenile court counselor, or a juvenile justice officer, there’s something you need to know: using CBD products, […]

Investor immigrants have, for many decades, had one primary pathway to permanent residency — the EB-5 visa. Recent statements from the Trump Administration indicate that this may change soon. The […]