NC Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.
Material dispute of fact precluded summary judgment; deputy not entitled to qualified immunity on excessive...
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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.
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).