The North Carolina Supreme Court recently decided two cases considering the impact of legal cannabis on probable cause. In State v. Dobson, No. 190PA24, ___ N.C. ___; 929 S.E.2d 315 (May 22, 2026), and State v. Rowdy, No. 300PA24, ___ N.C. ___; 929 S.E.2d 324 (May 22, 2026), the Court agreed with the...
NC Criminal Law
on Tuesday, June 30th, 2026
#NCPROTIP
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The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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