NC Criminal Law
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during July of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
Failure to ensure proper medical care and limiting the ability of...
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).