NC Criminal Law

Phil Dixon on Tuesday, February 17th, 2026

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during January 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.

Genuine dispute of material fact precluded summary judgment on excessive force claim; appeal from denial of...

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Improper venue is waivable, while improper jurisdiction ordinarily is not.

If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument. 

The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).

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).

An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).