This post is a follow-up from last month’s post Initial Appearances, Implied Consent Offenses, and Offenses Involving Impaired Driving Part 1. In Part 1, we discussed the differences and overlaps between implied consent offenses and offenses involving impaired driving,
UNC | School of Government
The UNC School of Government is an academic institution that publishes detailed legal analyses and summaries primarily focused on North Carolina law and appellate court decisions. Its publications cover a range of criminal law topics including case law summaries from state and federal courts, legislative updates on state statutes such as firearm regulations and harm reduction laws, and discussions on legal defenses and evidentiary standards. The content is aimed at legal practitioners, providing practical insights into recent legal developments, statutory changes, and appellate rulings relevant to state government and criminal justice practice.
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Access to Probation Files
Probation records are privileged. That protection stems from an old statute, G.S. 15-207, which was enacted in 1937—the same year the original North Carolina Probation Commission was established. See N.C. Dep’t of Social Rehabilitation and Control, Invisible Bars: Probation…
New Resource on the Authentication and Admissibility of Digital Evidence
By Jeff Welty
Last week I participated in a CLE event sponsored by the Eastern Band of Cherokee Indians Tribal Court. It was a great event and an opportunity for me to learn about Cherokee history, culture, and institutions.
My main role…
G.S. 15-10: The Speedy Trial Statute Still on the Books
If asked if North Carolina has a speedy trial law, until relatively recently, I would have said no. A defendant does have constitutional rights to a speedy trial under the Sixth Amendment to the U.S. Constitution and Art. I, Sec.…
Case Summaries: Supreme Court of North Carolina (May 22, 2026)
By Jeff Welty
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on May 22, 2026.
There was no Harbison error where (1) the defendant agreed to allow counsel to concede both elements of possession of a…
Case Summaries: N.C. Court of Appeals (May 20, 2026)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 20, 2026.
Trial counsel was not ineffective on multiple grounds asserted by defense; however, on whether it was ineffective to fail to use…
The Front Door of the Delinquency System: Intake and Evaluation
One of the unique aspects of juvenile delinquency procedure is the intake and evaluation process. This mandatory process precedes commencement of a delinquency court action and determines if an initial allegation ever makes its way to court. It is implemented…
A/N/D Reporting: Rights, Protections, and Division and/or Prosecutor Review
Editor’s note: This post first appeared on the School of Government’s blog directed at civil law and procedure. It is cross-posted here because the content is also pertient for prosecutors, judges, and other actors in the criminal justice system.
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Case Summaries: Fourth Circuit Court of Appeals (April 2026)
By Phil Dixon
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during April of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
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Judicial Retention Elections in North Carolina
By Shea Denning
A colleague recently came into my office carrying Volume 3 of the General Statutes of North Carolina Annotated by Lexis Nexis (what we attorneys call “the green book”) with a sticky note at the entry for G.S. 7A-4.1. The…