Disability and Representation

DSS Custody of a Juvenile in a Delinquency Case: When and Why It Cannot Be Combined with Secure Custody or YDC Commitment

Jacquelyn Greene — Tue, 23 Sep 2025 16:02:28 +0000

The most recent Court of Appeals delinquency-related decision, In the Matter of D.H., ___ N.C.App. ___ (August 20, 2025), is one of a very few opinions that addresses a trial court’s order placing a juvenile in the custody of a department of social services (DSS custody) through a delinquency disposition. This area of law can … Read more

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Case Summaries: N.C. Court of Appeals (Sept. 17, 2025)

Joseph L. Hyde — Mon, 22 Sep 2025 13:00:26 +0000

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 17, 2025. Trial court erred by conducting summary criminal contempt proceedings when the defendant’s conduct constituted indirect criminal contempt. State v. Brinkley, No. COA24-681 (N.C. Ct. App. Sept. 17, 2025) (Pasquotank County). In April 2023, the defendant pled … Read more

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News Roundup

Daniel Spiegel — Fri, 19 Sep 2025 14:48:44 +0000

In response to the stabbing of Iryna Zarutska in Charlotte on August 22, North Carolina legislators are proposing various criminal justice reforms. Brittany noted last week that Republican legislators are advocating for various changes such as restarting the death penalty, ending cashless bail for those with felony convictions, and mandating that judicial officials consider homelessness … Read more

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Recent Legislative Changes Affecting Judicial Authority and Administration

Shea Denning — Wed, 17 Sep 2025 15:33:58 +0000

House Bill 620, chaptered as S.L. 2025-54, enacted several changes affecting judicial authority and administration that may be of interest to practitioners generally. This post will review the legislation’s provisions affecting removal proceedings, the jurisdiction of specially assigned superior court judges, substitution of one trial judge for another, age limits for service as a trial … Read more

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Case Summaries: Fourth Circuit Court of Appeals (Aug. 2025)

Phil Dixon — Tue, 16 Sep 2025 13:24:09 +0000

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during August 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Defendant failed to show that traffic stop was motivated by racial animus; district court’s finding of … Read more

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Devalle and the Good Moral Character Requirement for Law Enforcement Officers

Jeff Welty — Mon, 15 Sep 2025 20:04:26 +0000

Law enforcement officers in North Carolina must have good moral character to be certified, and may lose their certification if they lose their good moral character. The requirement of good moral character is neither unique to North Carolina nor exclusive to law enforcement officers. At the same time, it is a difficult standard to apply, … Read more

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News Roundup

Brittany Bromell — Fri, 12 Sep 2025 10:00:26 +0000

One of the top stories this week is that of Decarlos Brown, who was charged in the fatal stabbing of a woman on a train in Charlotte. The crime occurred on August 22, but the Charlotte Area Transit System recently released surveillance footage to local media outlets, causing the case to garner national attention. Brown … Read more

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Remote Hearings for Prisoners

Jamie Markham — Fri, 12 Sep 2025 00:28:22 +0000

During the pandemic, we got accustomed to doing certain court proceedings virtually—initially under authority of the Chief Justice’s emergency orders (which Shea discussed here), and later by statute, under G.S. 7A-49.6. That law allows “proceedings of all types” (with some exceptions and caveats) to be conducted using an audio and video transmission. The Department of … Read more

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Some Other Provision of Law

Joseph L. Hyde — Tue, 09 Sep 2025 15:41:50 +0000

Several criminal statutes include the provision that a person who commits the offense prescribed is guilty of a designated class of offense “unless the conduct is covered under some other provision of law providing greater punishment.” E.g., G.S. 14-33(c). Two recent cases illustrate the application of such provisions. In State v. French, No. COA24-704 (N.C. … Read more

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Case Summaries: N.C. Court of Appeals (Sept. 3, 2025)

Shea Denning — Mon, 08 Sep 2025 10:00:56 +0000

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2025. In defendant’s trial for felonious possession of stolen goods, admission of police chief’s testimony about defendant’s record of charges for breaking and entering was not plain error State v. Clark, No. COA25-13 (N.C. Ct. App. Sept. … Read more

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