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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Displaying 11 - 15 of 60
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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 court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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