NC Criminal Law
This post summarizes two recent decisions by the Supreme Court of the United States.
A state law prohibiting individuals from carrying guns onto private property without the express approval of the property owner violates the Second Amendment.
Wolford v. Lopez, __ U.S. __ (June 25, 2026) (Alito, J.). For...
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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.