NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 4, 2026.
Superior court did not lack jurisdiction when misdemeanor charge was initiated by presentment; State’s evidence of misdemeanor death by vehicle did not vary from the indictment.
State v. Gibbon, No. COA25-415 (N.C. Ct. App. Feb. 4, 2026) (Buncombe County). The...
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).