NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 3, 2026.
(1) The State lacks authority to appeal a district court’s verbal ruling on a motion to suppress in an implied consent case where no written preliminary determination is entered; (2) the superior court’s order based on such an appeal is void for lack of subject matter jurisdiction; (3) where a defendant...
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.