NC Criminal Law

Jacquelyn Greene on Tuesday, April 28th, 2026

In late March The Office of Indigent Defense Services (IDS) instituted a new process for the appointment and payment of counsel for cases in which a juvenile between the ages of 13 and 17 is charged with first-degree murder or murder where the degree is undesignated. The process, called the Juvenile First-Degree Murder Roster (JFDM Roster) is operated by the Office of the Juvenile Defender (OJD). For the 27 counties currently participating in the program, there is a new process for...

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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).

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).

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

When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.

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.