In an earlier post, I discussed one category of unprotected speech that may be criminally punished consistent with the First Amendment, speech integral to criminal conduct. My former colleague Jonathan Holbrook has written about another category of unprotected speech, true threats. Today’s post discusses another...
NC Criminal Law
on Wednesday, March 11th, 2026
#NCPROTIP
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Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
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