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...
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.