NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 4, 2026.
Evidence was sufficient on trafficking in opioids by possession; no error in failing to instruct on “ultimate user” exemption.
State v. Banks, COA25-432 (N.C. Ct. App. Mar. 4, 2026) (Yancey County) (Collins). The defendant was convicted at trial of trafficking in opioids...
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).