NC Criminal Law
This post summarizes the lone published opinion in a criminal case issued by the North Carolina Court of Appeals on July 15, 2026.
(1) Possession of multiple concealed firearms on a single occasion is a single offense. (2) The trial court erred by imposing a 24-month period of probation as a community punishment without making specific findings. (3) The trial judge did not improperly consider acquitted conduct during...
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
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.
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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).