NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 15, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Search warrant was not invalid due to photographs of wrong property because it referenced correct address to be searched; edits made to...
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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).