The North Carolina Supreme Court in State v. Chemuti, __ N.C. __, 920 S.E.2d 810 (2025), clarified the interplay between the statutory provisions in G.S. 132-1.4A governing release of certain law enforcement agency recordings and a district court defendant’s constitutional right to compel the release of...
NC Criminal Law
on Thursday, December 4th, 2025
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A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
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.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
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