NC Criminal Law
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during June of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
Where prison officials failed to preserve video footage of alleged...
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.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).