NC Criminal Law

Jeff Welty on Monday, July 13th, 2026

The Supreme Court decided several major cases in its recently-concluded Term, but for people interested in the Fourth Amendment, the most anticipated was United States v. Chatrie, __ U.S. __ (June 29, 2026), a case about so-called geofence warrants. We already knew, from Carpenter v. United States, 585 U.S. 296 (2018), that police conduct a...

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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 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).

Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).

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.

The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.