NC Criminal Law

Phil Dixon on Tuesday, July 21st, 2026

This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during June of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.

Where prison officials failed to preserve video footage of alleged...

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A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.

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 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.

Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.

A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).