NC Criminal Law
This post summarizes published criminal law opinions from the North Carolina Court of Appeals released on April 1, 2026.
(1) Evidence was sufficient to support charges of attempted murder and discharging a firearm within an occupied enclosure with the intent to incite fear; (2) Trial court did not err by instructing jury on the felony disqualifier limiting a defendant’s right of self-defense; (3) Trial court did not err by declining to instruct the jury on the defense of...
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).