The Confrontation Clause of the Sixth Amendment bars the State from introducing testimonial hearsay statements from a witness who does not testify at trial unless the witness is unavailable and the defendant had a prior opportunity to cross-examine the witness. Because the exceptions rarely apply, the upshot of this rule is that the State typically cannot introduce testimonial hearsay statements made by a person who does not testify at trial. Most of the debate...
NC Criminal Law
on Thursday, July 16th, 2026
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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 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.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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.
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