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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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 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 defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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