NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 4, 2026.
Evidence of intoxication or a verbal argument, standing alone, did not entitle the defendant to a second-degree murder instruction where the evidence was otherwise sufficient to show premeditation and deliberation.
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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.
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).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).