NC Criminal Law
In a case involving charges of flee to elude, the trial court did not err in admitting for impeachment purposes evidence concerning another incident in which the defendant may have appeared to flee from law enforcement
State v. Moore, No. COA25-1049 (N.C. Ct. App. June 17, 2026) (Wilson County) (Flood).
The...
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
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).
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).