During any initial appearance, magistrates must consider a host of issues. Starting with determining whether to begin the initial appearance, finding probable cause, determining whether they may set pretrial release conditions, setting conditions when permitted, and conducting a citizenship inquiry
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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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Detention and Release in Extradition Cases
In my last post, I noted that I am doing more work in the area of extradition. The news generated a lot of great questions, many of which I hope to address in future posts. This next installment of…
Appointment of Counsel in First-Degree Murder Cases When the Accused is Age 13 – 17
In late March The Office of Indigent Defense Services (IDS) instituted a new process for the appointment and payment of counsel for cases in which a juvenile between the ages of 13 and 17 is charged with first-degree murder or…
Expert-Testimony Phrase Chart for Cases Involving Alleged Child Sexual Abuse
As I mentioned last month, Timothy Heinle and I are nearing completion of an updated Superior Court Judges’ Benchbook chapter on Evidence Issues in Criminal Cases Involving Child Victims and Child Witnesses.
One of the most challenging and error-prone topics…
Case Summaries: Fourth Circuit Court of Appeals (March 2026)
By Phil Dixon
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.…
Case Summaries: N.C. Court of Appeals (April 15, 2026).
This post summaries the published opinions in criminal cases issued by the North Carolina Court of Appeals on April 15, 2026.
Sufficient evidence supported denying the defendant’s motion to dismiss charges of accessing a government computer to defraud and obtaining…
Artificial Intelligence, Local Orders, and the Courts
By Shea Denning
A few years ago, T-shirts and coffee mugs with the phrase “Please do not confuse your Google search with my law degree,” were making the rounds. What simpler times those were. Thanks to the rapid development and proliferation of generative…
Time’s Arrow: Does McLymore’s Causal Nexus Requirement Have a Temporal Component?
The statutory right to use deadly force in self-defense is not available to one who was committing a felony. G.S. 14-51.4(1). In State v. McLymore, 380 N.C. 185 (2022), the North Carolina Supreme Court interpreted this provision as…
Cyberstalking and Free Speech
By Jeff Welty
In recent months, I have received several questions about what North Carolina’s cyberstalking statute covers and whether it may infringe on First Amendment free speech rights. This post addresses several potential legal issues under the statute.
Background. The statute is…
Total Split Sentence Exposure, Revisited
In 2018, I wrote this post, https://nccriminallaw.sog.unc.edu/2018/11/28/total-split-sentence-exposure/, about split sentences, examining the total limit on split sentence incarceration that a judge can order at sentencing and as a later modification of probation. There’s a “one-fourth rule” at sentencing, allowing…