NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 16, 2026.
Trial court did not err by finding a violation of conditions of probation based on Defendant’s admission to failure to pay; insufficient evidence supported the findings that Defendant committed new criminal offenses and failed to report as directed; trial court did not err by imposing a five-month...
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.