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Articles Posted in Criminal Defense

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Good Faith Exception to the Exclusionary Rule in North Carolina

The Supreme Court of North Carolina’s opinion in North Carolina v. Rogers (Oct. 17, 2025) deserves careful study by criminal defense and DUI defense lawyers. TL;DR Quick Take North Carolina v. Rogers reshapes how certain suppression motions may be litigated in North Carolina. The Supreme Court interpreted the 2011 “good faith” amendment…

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State v. Chemuti: Obtaining Video Evidence in North Carolina

Accessing video evidence, body-cam, and dash-cam video in North Carolina potentially just became a lot harder to obtain. TL;DR Quick Take: North Carolina v. Chemuti limits how defendants can access police body-worn and dash-camera recordings. The Supreme Court held that Rule 45 subpoenas cannot compel production of law-enforcement video. Instead,…

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Judicial Independence in North Carolina

Judicial independence is one of the defining principles of American government. It protects the courts from political retaliation, intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure. Without judicial independence, due process would be hollow, and the rule of law…

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Due Process in North Carolina and American Jurisprudence

Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states. North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that…

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Jailhouse Letters and Defendant Communications with Law Enforcement

Quick Take: North Carolina vs. Wilson (Oct. 2025) holds that a defendant’s jailhouse letter admitting to a shooting to law enforcement was admissible as substantive evidence, even when framed as a negotiation. Jailhouse letters in North Carolina are not protected under Rule 408 and may be used as proof of guilt.…

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Video Evidence in North Carolina Criminal Trials

When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…

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Guilty Plea Appeal Rights After North Carolina v. Branham

Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…

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Ketogenic Fasting Alcohol Effects on BAC and DWI Charges

Can Ketogenic Fasting Affect Your DWI Charges in North Carolina? If you’re following ketogenic fasting, characterized by prolonged calorie and carbohydrate restriction, you may be unknowingly altering your body’s response to alcohol and potentially impacting DUI test results and associated criminal allegations of “drunk driving.” While ketogenic fasting triggers autophagy,…

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North Carolina Concealed Carry Law: Status of 2025 Legislation

North Carolina’s concealed carry law may be on the verge of a historic change. Presently, you must still have a valid permit to carry a concealed handgun. On July 29, 2025, the North Carolina Senate voted to override Governor Stein’s veto of Senate Bill 50, known as the “Freedom to…

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Remembering Fergie: A Giant Among Us

I’d already had a rough day when I got the text from my wife sharing Fergie passed.  “Dang,” was the only thing I could respond. I was without words. When someone from another generation passes away, particularly someone who was nothing less than a living legend and touchstone in the…

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