NC Criminal Law
This post summarizes the U.S. v. Hemani decision released by the U.S. Supreme Court on June 18, 2026.
18 U.S.C. § 922(g)(3), barring firearm possession by unlawful users of controlled substances, was unconstitutional under the Second Amendment as applied to a regular user of marijuana; habitual drunkard laws were not sufficiently similar to § 922(g)(3) in purpose and operation to justify categorical...
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
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.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).