NC Criminal Law

Jeff Welty on Wednesday, August 19th, 2026

This post summarizes published criminal opinions from the Supreme Court of North Carolina released on August 14, 2026. The court released twelve such opinions on that day, some quite lengthy. Therefore, this post summarizes the first six opinions. The remaining opinions will be summarized in a forthcoming post.

(1) In a child sexual abuse trial, any improper vouching by expert witnesses did not rise to the level of plain...

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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.

A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.

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.

Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.

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.