NC Criminal Law

Belal Elrahal on Wednesday, November 6th, 2024

A few months ago, I wrote about Session Law 2023-151 providing for new sentencing enhancements for breaking or entering motor vehicles and other conveyances. Another part of the bill, Part V, authorizes a pilot program for placing and using automatic license plate readers (ALPRs) on “state...

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The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.

The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.

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).

All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).

A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).