NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 18, 2026.
(1) Insufficient evidence of serious bodily injury where the assault victim was beaten unconscious and suffered multiple facial fractures but only spent one night in the hospital and only experienced pain for a day or two. (2) Ring doorbell video clips were sufficiently authenticated by the testimony of the camera’s owner.
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A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.