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,...
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).
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.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.