NC Criminal Law
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during August of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
Where video footage contradicted material allegations of the...
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.