NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 3, 2026.
(1) The State lacks authority to appeal a district court’s verbal ruling on a motion to suppress in an implied consent case where no written preliminary determination is entered; (2) the superior court’s order based on such an appeal is void for lack of subject matter jurisdiction; (3) where a defendant...
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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.