In September, the North Carolina Sentencing and Policy Advisory Commission published the Driving While Impaired Convictions Statistical Report for Fiscal Year 2025 (hereinafter “the report”). The report provided detailed information and statistics on convictions sentenced pursuant to...
NC Criminal Law
on Wednesday, November 4th, 2026
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The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
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