NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 4, 2026.
Evidence was sufficient on trafficking in opioids by possession; no error in failing to instruct on “ultimate user” exemption.
State v. Banks, COA25-432 (N.C. Ct. App. Mar. 4, 2026) (Yancey County) (Collins). The defendant was convicted at trial of trafficking in opioids...
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).
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).
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).