The Confrontation Clause of the Sixth Amendment bars the State from introducing testimonial hearsay statements from a witness who does not testify at trial unless the witness is unavailable and the defendant had a prior opportunity to cross-examine the witness. Because the exceptions rarely apply, the upshot of this rule is that the State typically cannot introduce testimonial hearsay statements made by a person who does not testify at trial. Most of the debate...
NC Criminal Law
on Thursday, July 16th, 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.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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