A defendant’s simultaneous possession of multiple guns will generally support only one conviction for possession of a firearm by a felon. In State v. Phelps, No. COA25-934 (June 3, 2026), the State argued that multiple convictions were warranted because the evidence showed that one of the guns found in a cache at the defendant’s home had been in his possession earlier at a different...
NC Criminal Law
on Tuesday, August 11th, 2026
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If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
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).
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