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. Jan. 21, 2026), The Court of Appeals applied Evidence Rule 608 and held the trial court erred by admitting evidence of the victim’s truthful character. In...
NC Criminal Law
on Tuesday, February 10th, 2026
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A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
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