NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on March 20, 2026.
Circumstantial evidence was sufficient to submit robbery with a dangerous weapon to the jury where the evidence tended to show the defendant had opportunity, intent, and a plan or scheme to commit the offense.
State v. Perry, No. 64PA24 (N.C. Mar. 20, 2026) (Berger). On...
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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.
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.