NC Criminal Law
This post summaries the published opinions in criminal cases issued by the North Carolina Court of Appeals on April 15, 2026.
Sufficient evidence supported denying the defendant’s motion to dismiss charges of accessing a government computer to defraud and obtaining property by false pretenses.
State v. Friend, No. COA25-908 (N.C. Ct. App. April 15, 2026) (Davidson County). On October 1,...
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
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).
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
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.