NC Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on May 22, 2026.
There was no Harbison error where (1) the defendant agreed to allow counsel to concede both elements of possession of a firearm by a felon, and (2) counsel did not fully concede the defendant’s guilt, though counsel did not argue the defendant’s innocence.
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).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).