Last month, the General Assembly overrode several gubernatorial vetoes that had been sitting for over a year. Among those overrides was Senate Bill 153, which is now chaptered as Session Law 2026-19. Part of the law directs various state agencies to enter into 287(g) agreements with federal immigration authorities. This post...
NC Criminal Law
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The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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