NC Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 12, 2025.
Resentencing hearings are de novo unless otherwise limited by the mandate of the reviewing court.
State v. Kelliher, No. 442PA20-2 (N.C. Dec. 12, 2025) (Cumberland County). The defendant in this case was convicted of two...
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
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.