This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during September 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Former law criminalizing improper voting by felons violated equal protection principles and was properly enjoined Philip ......
NC Criminal Law
on Tuesday, October 21st, 2025
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Displaying 31 - 35 of 60
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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 must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
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.
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