NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 18, 2026.
Competent evidence supported the factual findings in the trial court’s denial of a motion to suppress; a defendant who pleads guilty has no right to appeal the denial of a motion in limine.
State v. Alston, No. COA25-291 (N.C. Ct....
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(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).
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.