The opinions of a lay witness are generally limited to those that are (1) rationally based on the witness’s perception and (2) helpful to the jury. N.C. R. Evid. 701. The requirement that the witness have firsthand knowledge reflects the older common law rule. The provision allowing the witness to testify to an opinion – as opposed to reciting facts – is...
NC Criminal Law
on Tuesday, November 10th, 2026
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The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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 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.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
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