In mounting a diminished capacity or voluntary intoxication defense in a first-degree murder case, the defense attempts to “negate” the element of specific intent, premeditation, or deliberation. To negate in this context means to raise a reasonable doubt about a mental element required for conviction. The diminished capacity defense involves negation through evidence of a mental disorder or emotional disturbance, whereas the voluntary intoxication defense involves negation through evidence...
NC Criminal Law
on Wednesday, December 10th, 2025
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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.
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
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).
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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