NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 19, 2026.
Trial court erred by dismissing the charges against the defendant pursuant to G.S. 15A-954(a)(4) as the defendant failed to show that he was irreparably prejudiced by the arresting officer’s testimony regarding the issuance of an earlier warrant against the defendant – testimony that violated the trial...
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
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 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 is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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.