NC Criminal Law
This post summarizes published criminal law opinions from the North Carolina Court of Appeals released on April 1, 2026.
(1) Evidence was sufficient to support charges of attempted murder and discharging a firearm within an occupied enclosure with the intent to incite fear; (2) Trial court did not err by instructing jury on the felony disqualifier limiting a defendant’s right of self-defense; (3) Trial court did not err by declining to instruct the jury on the defense of...
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).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.