NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 4, 2026.
Superior court did not lack jurisdiction when misdemeanor charge was initiated by presentment; State’s evidence of misdemeanor death by vehicle did not vary from the indictment.
State v. Gibbon, No. COA25-415 (N.C. Ct. App. Feb. 4, 2026) (Buncombe County). The...
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
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).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.