The words “available” and “unavailable” are used regularly when referring to witnesses whose out-of-court statements parties would like to admit into evidence. However, in working with Timothy Heinle to revise and update the Superior Court Judges’ Benchbook chapter on Evidence
North Carolina Criminal Law
The North Carolina Criminal Law blog, published by UNC School of Government, covers developments in criminal law relevant to North Carolina practitioners. It provides case summaries from appellate courts, legislative updates including changes to gun laws and sentencing enhancements, and analysis of specific legal defenses such as diminished capacity and voluntary intoxication. The blog also addresses procedural issues like expert testimony admissibility and discovery violations, as well as statutory interpretations of laws like the Good Samaritan harm reduction statute. Its content focuses on practical implications of criminal law decisions, statutory changes, and defense strategies within the state.
Latest from North Carolina Criminal Law - Page 4
Case Summaries: N.C. Supreme Court (Mar. 20, 2026)
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on March 20, 2026.
Circumstantial evidence was sufficient to submit robbery with a dangerous weapon to the jury where the evidence tended to show the defendant…
Give UNC: Honoring John Rubin’s Legacy
By Phil Dixon
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Case Summaries: N.C. Court of Appeals (Mar. 18, 2026)
By Jeff Welty
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 18, 2026.
(1) Insufficient evidence of serious bodily injury where the assault victim was beaten unconscious and suffered multiple facial fractures but only…
Are Disciplinary Proceedings Rendered Moot When a Judicial Branch Official Leaves Office?
By Shea Denning
Judicial branch officials may be removed from office through a variety of proceedings. Judges of the trial courts and appellate court judges and justices may be removed from office by the North Carolina Supreme Court following an investigation by and…
Case Summaries: Fourth Circuit Court of Appeals (February 2026)
By Phil Dixon
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.…
New Bulletin on Iryna’s Law, Plus Additional Resources
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…
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…