NC Criminal Law
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during August of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
Where video footage contradicted material allegations of the...
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.