NC Criminal Law
This post summarizes published criminal law opinions from the North Carolina Court of Appeals released on April 1, 2026.
(1) Evidence was sufficient to support charges of attempted murder and discharging a firearm within an occupied enclosure with the intent to incite fear; (2) Trial court did not err by instructing jury on the felony disqualifier limiting a defendant’s right of self-defense; (3) Trial court did not err by declining to instruct the jury on the defense of...
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).
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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.