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...
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.
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).