NC Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.
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Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.