Iryna’s Law Studies. The North Carolina Collaboratory recently issued its Preliminary Report on the Intersection of Mental Health and the Justice Systems for both Adults and Juveniles in North Carolina, Pursuant to Session Law 2025-93, Section 4. The report outlines the Collaboratory’s research plan, which involves some of us here at the School of...
NC Criminal Law
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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).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
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