May an Officer Stop a Car to Serve an Occupant with a Subpoena or Other Civil Process?
North Carolina Criminal Law
by Jeff Welty
4h ago
Suppose that Victor Victim was the victim of a non-fatal shooting. Law enforcement has charged Dan Defendant with the crime, but Victor is not enthusiastic about testifying against Dan and has not cooperated with the police and the prosecutor in the run-up to the trial. The State has issued a subpoena to compel Victor’s attendance. Olga Officer is out looking for Victor when she sees him driving by. May Olga stop Victor’s car in order to serve him with the subpoena? It happens. The practice of stopping drivers to effect service of a subpoena was discussed in Lewis v. Arnold, 2019 WL 6188624 (C ..read more
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Case Summaries – N.C. Court of Appeals (Jan. 17, 2023)
North Carolina Criminal Law
by Alex Phipps
4d ago
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 17, 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. Driving with medically cancelled license represented a Class 2 misdemeanor justifying arrest and search of vehicle. State v. Duncan, 2023-NCCOA-5, ___ N.C. App. ___ (Jan. 17, 2023). In this Catawba County case, the state appealed an order granting defendant’s motion to suppress evidence obtained after his arrest. The Court of Appeal ..read more
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The Common Law is Dead; Long Live the Common Law!
North Carolina Criminal Law
by Joseph L. Hyde
5d ago
In State v. McLymore, 380 N.C. 185, 868 S.E.2d 67 (2022), our Supreme Court held that Section 14‑51.3 “supplants the common law on all aspects of the law of self-defense addressed by its provisions,” and “the only right to perfect self-defense available in North Carolina [is] the right provided by statute.”  Id. at 191, 868 S.E.2d at 72-73.  At the same time, it interpreted the felony disqualifier provision of Section 14-51.4 – consistently with “common law principles” – to require a causal nexus between the felony and the use of force.  Id. at 197, 868 S.E.2d at 77.  The c ..read more
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Nontestimonial Identification Orders in Delinquency Matters
North Carolina Criminal Law
by Jacquelyn Greene
6d ago
The law that governs the use of nontestimonial identification procedures in delinquency matters is markedly different than the law that governs use of these same procedures in criminal matters. The Juvenile Code requires a court order prior to the use of most nontestimonial identification procedures, a nontestimonial identification order (NTO) can only be issued in relation to felony charges, there are specific statutes that govern the destruction of resulting records, and the willful violation of the juvenile NTO statutes carries a criminal penalty. This post describes when NTOs are needed, a ..read more
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A Refresher on North Carolina’s Needle Exchange Law and Other Harm Reduction Immunities
North Carolina Criminal Law
by Phil Dixon
1w ago
In response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of harm reduction and public health. One of those protections authorized needle exchange programs (alternatively known as safe syringes programs). G.S. 90-113.27. A recent study examined how the needle exchange program is working in seven North Carolina counties and found that the law was not consistently applied. Brandon Morrison et al., “They Don’t Go by the Law Around Here”: Law Enforcement Interactions After the Legalization of S ..read more
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Case Summaries – N.C. Court of Appeals (Dec. 29, 2022)
North Carolina Criminal Law
by Alex Phipps
1w ago
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 29, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Defendant’s appeal was timely filed within 14 days of order from trial court; probation revocation hearing evidence not subject to Fourth and Fourteenth Amendment analysis. State v. Boyette, 2022-NCCOA-904, ___ N.C. App. ___ (Dec. 29, 2022). In this Caldwell County case, the Court of Appeals denied the state’s motion to dismiss def ..read more
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Human Trafficking: New SOG Resource Explaining Your Obligation to Make a Report and How the Agency Responds
North Carolina Criminal Law
by Sara DePasquale
1w ago
January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice have both declared January Human Trafficking Awareness Month (see the Governor’s proclamation here and the Chief Justice’s proclamation here). The purpose of these declarations is both a recognition that human trafficking in the United States and North Carolina exists and to educate our citizens about this issue. Partnerships are required for a successful response to combat the ..read more
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Case Summaries: Fourth Circuit Court of Appeals (December 2022)
North Carolina Criminal Law
by Phil Dixon
1w ago
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during December 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. (1) Two different false statements made during the course of a single interview constituted only one count of making false statements; (2) District court properly denied jury instruction on entrapment U.S. v. Smith, 54 F.4th 755 (Dec. 1, 2022). In this case from the Western District of North Carolina, the defendant was interested in travelling to Syri ..read more
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News Roundup
North Carolina Criminal Law
by Jeff Welty
2w ago
The national news this week focused on the discovery of classified documents at President Biden’s home in Delaware and former private office in Washington. Yesterday, Attorney General Merrick Garland appointed a former federal prosecutor as Special Counsel to investigate the matter. The Associated Press explains here that “The position of Justice Department special counsel is a fairly new creation, enacted by Congress in 1999 following a bruising and politically divisive independent counsel investigation that resulted in [impeachment proceedings against President Clinton]. The purpose was to e ..read more
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Case Summaries: N.C. Supreme Court (Dec. 16, 2022)
North Carolina Criminal Law
by Alex Phipps
2w ago
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 16, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Trial court’s procedure for consenting to defendant’s waiver of jury trial complied with G.S. 15A-1201(d)(1) and did not represent abuse of discretion. State v. Rollinson, 2022-NCSC-139, ___ N.C. ___ (Dec. 16, 2022). In this Iredell County case, the Supreme Court affirmed the Court of Appeals decision finding that the trial court c ..read more
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