NC Criminal Law

Jeff Welty on Wednesday, August 26th, 2026

This post summarizes published criminal opinions from the Supreme Court of North Carolina released on August 14, 2026. The court released twelve such opinions on that day, some quite lengthy. Therefore, a previous post summarized the first six opinions, and this post summarizes the remaining cases.

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Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).

Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.

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).

Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).

The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).