Statutes prescribing simplified charging language were intended to alleviate the burdensome pleading requirements of the common law. See Wayne R. LaFave, et al., Criminal Procedure § 19.1(c). Indeed, where a short-form pleading is statutorily authorized, it is not necessary to allege all the elements of the offense. See State v. Jerrett, 309 N.C. 239, 259,…
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…
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…
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…
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…
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…
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…
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…
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…
Most readers of this blog are familiar with Arrest, Search, and Investigation in North Carolina. For those who are not, it is a treatise on search and seizure law. It covers stops, arrests, warrantless searches, search warrants, and much more. The most recent (sixth) edition was published in 2021 and was authored by long-time School…
