NC Criminal Law
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 12, 2025.
Resentencing hearings are de novo unless otherwise limited by the mandate of the reviewing court.
State v. Kelliher, No. 442PA20-2 (N.C. Dec. 12, 2025) (Cumberland County). The defendant in this case was convicted of two...
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.