Last month, the General Assembly overrode several gubernatorial vetoes that had been sitting for over a year. Among those overrides was Senate Bill 153, which is now chaptered as Session Law 2026-19. Part of the law directs various state agencies to enter into 287(g) agreements with federal immigration authorities. This post...
NC Criminal Law
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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.
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
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).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
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