NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Supreme Court released on March 20, 2026.
Circumstantial evidence was sufficient to submit robbery with a dangerous weapon to the jury where the evidence tended to show the defendant had opportunity, intent, and a plan or scheme to commit the offense.
State v. Perry, No. 64PA24 (N.C. Mar. 20, 2026) (Berger). On...
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
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).
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.