I am excited to announce that I have published a bulletin on Iryna’s Law and Pretrial Release. The bill under which it was enacted, Session Law 2025-93 (HB 307), made a number of changes to statutes affecting criminal
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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Revised Sex Offender Flow Chart (March 2026 Edition)
It’s been a while since I last posted an updated flow chart for sex offender registration and satellite-based monitoring (SBM). In the past I tried to cram the entire thing into a one-page, two-sided format. As the statutes and case…
Criminalizing Offensive Speech: The Fighting Words Exception to the First Amendment
By Phil Dixon
In an earlier post, I discussed one category of unprotected speech that may be criminally punished consistent with the First Amendment, speech integral to criminal conduct. My former colleague Jonathan Holbrook has written about another category of unprotected speech,…
Does Indictment Error Now Require a Showing of Prejudice?
The defendant in State v. Phillips, No. COA25-275 (N.C. Ct. App. Jan. 7, 2026), argued the trial court erred by denying his pretrial motion to dismiss based on a defective indictment. The Court of Appeals rejected the argument, finding…
Case Summaries: N.C. Court of Appeals (Mar. 4, 2026)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 4, 2026.
Evidence was sufficient on trafficking in opioids by possession; no error in failing to instruct on “ultimate user” exemption.
How Should a Trial Court Respond to a Note from the Jury?
By Shea Denning
Individual jurors or juries through their chosen foreperson sometimes send notes to the trial court in criminal trials. The content of this kind of communication varies. Sometimes a note reveals an individual juror’s concern about his or her ability to…
Contempt Authority and Procedure for Magistrates
There are two different kinds of contempt that judicial officials may impose: civil and criminal. Civil contempt is imposed when a person has not complied with a court order and is a measure to compel the person to do as…
A Look at the North Carolina Hazing Law
Hazing has plagued college campuses for decades, and that unfortunately has not changed in recent years. A fraternity at the University of Iowa was recently suspended following the investigation of an alleged 2024 hazing incident. According to the many…
New Federal Case About the Use of Force in Involuntary Commitments
By Jeff Welty
The role of law enforcement officers in involuntary commitments is controversial. Some argue that individuals subject to involuntary commitment are dangerous by definition, so it makes sense to task officers with taking them into custody. Others contend that the presence…