Constitutional protection against double jeopardy is understood to extend no further than the Fifth Amendment requires. Two recent cases from the Court of Appeals, however, seem to find greater double jeopardy protection under state law. In State v. Broadway, No. COA25-1159 (N.C. Ct. App. July 1, 2026), the court ruled a defendant could not be sentenced for two different assaults...
NC Criminal Law
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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.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
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