Several chapters in the criminal law and evidence sections of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Indictments, written by Joe Hyde, which begins by noting the significance of the North Carolina Supreme Court’s decision in State v. Singleton, 386 N.C. 183 (2024). Singleton, as you may recall, concluded that the...
NC Criminal Law
on Monday, April 6th, 2026
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All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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).
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.
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.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
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