NC Criminal Law

Joseph L. Hyde on Friday, December 5th, 2025

Elizabeth Holmes, who was convicted in 2022 for defrauding investors and is now serving time in federal prison, claimed this week that a key piece of evidence against her was a “false claim,” per this story from the N&O. Holmes founded the blood-testing startup Theranos in 2003. At trial, evidence showed that Holmes, without authorization, affixed drug companies’ logos to internal Theranos reports...

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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.

Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).

The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.

A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.

The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.