News Roundup
North Carolina Criminal Law
by Jeff Welty
6d ago
It sounds like there’s a criminal trial of some kind going on in New York, but the big trial this week here in North Carolina was the retrial of self-proclaimed billionaire insurance magnate Greg Lindberg. Lindberg was once the state’s leading campaign donor. According to this AP story, a federal jury in the Western District of North Carolina has convicted him of “attempting to bribe the state’s insurance commissioner to secure preferential regulatory treatment for his insurance business.” Lindberg was previously convicted of essentially the same crime in 2020, successfully appealed, and was r ..read more
Visit website
Fourth Circuit Strongly Suggests Including Temporal Limitations on Search Warrants for Social Media Account Information
North Carolina Criminal Law
by Jeff Welty
6d ago
Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it here when it came out, but we thought it merited its own post because of its extended discussion of how the Fourth Amendment applies to search warrants for social media account information. The court’s discussion of the need for temporal limitations in such warrants is especially noteworthy, as is the court’s analysis of the scope of the information seized pursuant to the warrants approved by the court. We’ll start with a recap of the case, and then end with some though ..read more
Visit website
News Roundup
North Carolina Criminal Law
by Phil Dixon
1w ago
The first criminal trial of a former U.S. President continues to dominate the news. Trump’s trial on state charges of falsifying business records in furtherance of a felony in New York is now several weeks along. However the trial shakes out, the former president has already been adjudicated guilty of ten counts of criminal contempt for violating a gag order prohibiting him from talking about jurors and witnesses in the case. The trial judge has expressly warned Trump that further violations may result in jail (while also noting the practical difficulties that a jail term would entail). Politi ..read more
Visit website
Case Summaries: N.C. Court of Appeals (May 7, 2024)
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 May 7, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Search warrant for residence was supported by evidence connecting occupant of the residence to drug trafficking. State v. Boyd, COA23-984, ___ N.C. App. ___ (May 7, 2024). In this Durham County case, defendant appealed after he pleaded guilty to two counts of attempted drug trafficking after denial of his motion to suppress the results o ..read more
Visit website
Lethality Assessment Protocol
North Carolina Criminal Law
by Brittany Bromell
2w ago
Intimate partner violence is abuse or aggression that occurs in a romantic relationship, usually between current or former spouses or current or former dating partners. According to the NC Coalition Against Domestic Violence, 1 in 3 women and 1 in 4 men in the United States have experienced some form of intimate partner violence. In North Carolina, 35.2% of women and 30.3% of men experience domestic violence and stalking in their lifetime. Since 2018, the North Carolina Department of Justice (NCDOJ) has partnered with several communities across the state by sharing and helping implement the Le ..read more
Visit website
Grant’s Pass, Homelessness, and the Constitutionality of Anti-Sleeping and Anti-Camping Ordinances
North Carolina Criminal Law
by Jeff Welty
2w ago
Homelessness is a challenging problem. Some cities have attempted to address it, in part, by prohibiting sleeping or camping in public places. The Supreme Court of the United States is currently considering whether, and under what circumstances, such ordinances are constitutional. I recently listened to the oral arguments in the case. Those who are currently litigating violations of anti-sleeping or anti-camping ordinances may be interested in this summary of the issues, as may those responsible for shaping municipal policy. Background. Johnson v. City of Grant’s Pass, 72 F.4th 868 (9th Cir. 2 ..read more
Visit website
News Roundup
North Carolina Criminal Law
by Shea Denning
2w ago
The week began with tragedy. Four law enforcement officers were killed Monday afternoon in Charlotte when they attempted to serve arrest warrants on 39-year-old Terry Clark Hughes, Jr., who shot at the officers when they arrived at his East Charlotte home. Officers returned fire, and Hughes was eventually shot and killed. The slain officers are Deputy U.S. Marshal Thomas Weeks, CMPD Officer Joshua Eyer, and Sam Poloche and Alden Elliott of the Department of Adult Correction. Four other CMPD Officers were injured, but are expected to make a full recovery. Two women, one of whom is 17, were in t ..read more
Visit website
Announcing Upcoming Webinar on Self-Defense
North Carolina Criminal Law
by Joseph L. Hyde
2w ago
The UNC School of Government will be hosting a FREE one-hour webinar on self-defense law on May 15, 2024, at 10:30 a.m.  Registration is available here.  See below for a summary of the topic and additional details about the webinar. The law of self-defense in North Carolina received a jolt from State v. McLymore, 380 N.C. 185 (2022), where the North Carolina Supreme Court held that the only way to claim perfect self-defense is by invoking the statutory right created by G.S. 14-51.3.  The Court went on to say, however, that to the extent the statute does not address an aspect of ..read more
Visit website
Just Say No to Commenting on the Defendant’s Failure to Testify
North Carolina Criminal Law
by Shea Denning
3w ago
While a prosecutor in a criminal trial may comment on a defendant’s failure to produce witnesses or evidence to contradict or refute the State’s case, a prosecutor may not make any reference to or comment on a defendant’s failure to testify. Such remarks violate both a defendant’s federal and state constitutional rights not to be compelled to give self-incriminating evidence (see U.S. Const. Amend. V, N.C. Const. art. I, § 23) and G.S. 8-54, which provides that no person charged with a crime may be compelled to testify or “answer any question tending to criminate himself.” This rule rests on t ..read more
Visit website
News Roundup
North Carolina Criminal Law
by Brittany Bromell
3w ago
A lawsuit has been filed against the North Carolina Department of Health and Human Services and its secretary, asserting that the state’s lack of assessment and treatment services has resulted in people with severe mental disabilities suffering in county jails while waiting months for psychiatric services. The complaint—which can be accessed here—centers on those who sit in jail for months or years if there are concerns about their capacity to proceed in their criminal case. The lawsuit contends that they wait, on average, two months for an assessment to be completed and nearly five months for ..read more
Visit website

Follow North Carolina Criminal Law on FeedSpot

Continue with Google
Continue with Apple
OR