This post summarizes the published criminal opinions from the Court of Appeals of North Carolina released on October 15, 2025. (1) The trial court could meaningfully conduct a retrospective competency hearing occurring more than five years after the trial date given adequate evidence presented; (2) the trial court did not err in concluding that the ......
NC Criminal Law
on Monday, October 20th, 2025
#NCPROTIP
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Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
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.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
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