NC Criminal Law

Phil Dixon on Tuesday, January 20th, 2026

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during December 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.

Information omitted from search warrant application would not have defeated probable cause; denial of ...

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The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).

Improper venue is waivable, while improper jurisdiction ordinarily is not.

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.

If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument. 

The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.