This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during January 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.
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 6
Federal Court Enjoins California’s Law Prohibiting Federal Law Enforcement Officers from Wearing Masks
By Jeff Welty
Most law enforcement officers don’t wear masks, but in recent immigration enforcement surges, many ICE officers have done so. ICE apparently permits the practice but does not require it. Proponents of masking contend that it is necessary to prevent officers…
“Second Look” Sentencing Is Not the Law in North Carolina
Some states have passed laws authorizing judges to review sentences after a defendant has served a specified portion of the sentence. They are sometimes referred to as “second look” laws. A bill proposing a second-look procedure was filed in the…
Congratulations to Newly Certified Magistrates
Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best parts of my job is the opportunity to train magistrates…
Pants on Fire: Character Evidence in Braswell and Toomer
Courts look with particular suspicion on character evidence, and a number of rules seek to confine that sort of evidence to its proper place. Two recent cases illustrate the problem. In State v. Braswell, No. COA25-286 (N.C. Ct. App.…
Case Summaries: N.C. Court of Appeals (Feb. 4, 2026)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 4, 2026.
Superior court did not lack jurisdiction when misdemeanor charge was initiated by presentment; State’s evidence of misdemeanor death by vehicle did…
State v. Julius, Round Two: Court of Appeals in Fractured Opinion Affirms Trial Court’s Determination that Good Faith Exception Applies
By Shea Denning
The North Carolina Supreme Court held in State v. Julius, 385 N.C. 331 (2023) (Julius I), that an officer’s warrantless search of a vehicle trapped in a ditch and partially submerged by water was not authorized by the automobile…
Trends and Highlights from the 2024 DWI Sentencing Statistical Report
As 2025 came to a close, the North Carolina Sentencing and Policy Advisory Commission published the Driving While Impaired Convictions Statistical Report for Fiscal Year 2024 (hereinafter “the report”). The report provided detailed information and statistics on convictions sentenced pursuant…
Case v. Montana Attempts to Clarify the Emergency Aid Exception to the Warrant Requirement
By Jeff Welty
When can law enforcement officers enter a person’s home, without a warrant, in order to provide emergency assistance? How sure must the officers be that assistance is needed before an emergency entry is allowed? These are the questions at the…
Expunction Changes and Updated Expunction Guide for 2026
By John Rubin
The 2025 legislative session was relatively quiet for expunction law but still potentially important for some people. I have incorporated the changes in the law into the latest version of my Guide to Relief from a Criminal Conviction (Relief Guide),…