NC Criminal Law
This post summarizes the U.S. v. Hemani decision released by the U.S. Supreme Court on June 18, 2026.
18 U.S.C. § 922(g)(3), barring firearm possession by unlawful users of controlled substances, was unconstitutional under the Second Amendment as applied to a regular user of marijuana; habitual drunkard laws were not sufficiently similar to § 922(g)(3) in purpose and operation to justify categorical...
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.