North Carolina has a budget again. S257 became S.L. 2026-41 when Governor Stein signed it on July 7. The bill contains many provisions pertinent to the criminal justice community. Some, like the $1,750 bonus for every local law enforcement officer in the state (see page 537 of the PDF) have received extensive media attention. Others, not so much. Here’s a non-exhaustive list of budget...
NC Criminal Law
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If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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