NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 2, 2026.
Where there is insufficient evidence in the record to determine whether the Defendant’s right to a speedy trial was violated, the Court cannot evaluate the Defendant’s claim of ineffective assistance.
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Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
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).
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.