Trial court did not err by failing to intervene in prosecutor’s closing argument; trial court did not err by declining to instruct on assault inflicting serious injury as a lesser included offense of assault with a deadly weapon with intent to kill inflicting serious injury; trial court erred by sentencing for both assault with a deadly weapon with intent to kill inflicting serious injury and assault inflicting serious bodily injury based on the same...
NC Criminal Law
on Monday, July 6th, 2026
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The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
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