NC Criminal Law
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during July of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
Failure to ensure proper medical care and limiting the ability of...
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.