By now the last fiscal year is pretty far back in everyone’s rear view mirror. Nevertheless, I am excited to share the North Carolina Judicial College’s annual report for 2025-26. Folks, we’ve been busy!
NC Criminal Law
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
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.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
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