Some guilty pleas are “open,” where the defendant pleads guilty to agreed-upon charges without any promises from the State about the ultimate sentence. Other pleas include an arrangement as to sentencing. G.S. 15A-1021(c). In cases where there is an arranged
North Carolina Criminal Law
The North Carolina Criminal Law blog, published by UNC School of Government, covers developments in criminal law relevant to North Carolina practitioners. It provides case summaries from appellate courts, legislative updates including changes to gun laws and sentencing enhancements, and analysis of specific legal defenses such as diminished capacity and voluntary intoxication. The blog also addresses procedural issues like expert testimony admissibility and discovery violations, as well as statutory interpretations of laws like the Good Samaritan harm reduction statute. Its content focuses on practical implications of criminal law decisions, statutory changes, and defense strategies within the state.
Latest from North Carolina Criminal Law - Page 2
Prosecuting the Simulacrum: Amendments to Sexual Exploitation Laws Address AI Images
Child pornography (also known as child sexual abuse material, “CSAM”) is a category of speech that is not protected by the First Amendment to the United States Constitution, so long as the images depict actual minors engaged in sexual activity.…
Case Summaries: N.C. Court of Appeals (May 6, 2026)
This post summarizes the published opinions in criminal cases issued by the North Carolina Court of Appeals on May 6, 2026.
The trial court properly revoked the defendant’s probation for absconding despite erroneously checking box 4 on the probation revocation…
Right to Two Counsel in Capital Cases
By Shea Denning
More than thirty years before the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963), determined that the Sixth Amendment guarantee of appointed counsel for indigent defendants charged with felonies applied to state court prosecutions, the…
Initial Appearances, Implied Consent Offenses, and Offenses Involving Impaired Driving (Part 1)
During any initial appearance, magistrates must consider a host of issues. Starting with determining whether to begin the initial appearance, finding probable cause, determining whether they may set pretrial release conditions, setting conditions when permitted, and conducting a citizenship inquiry…
Detention and Release in Extradition Cases
In my last post, I noted that I am doing more work in the area of extradition. The news generated a lot of great questions, many of which I hope to address in future posts. This next installment of…
Appointment of Counsel in First-Degree Murder Cases When the Accused is Age 13 – 17
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…
Expert-Testimony Phrase Chart for Cases Involving Alleged Child Sexual Abuse
As I mentioned last month, Timothy Heinle and I are nearing completion of an updated Superior Court Judges’ Benchbook chapter on Evidence Issues in Criminal Cases Involving Child Victims and Child Witnesses.
One of the most challenging and error-prone topics…
Case Summaries: Fourth Circuit Court of Appeals (March 2026)
By Phil Dixon
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.…
Case Summaries: N.C. Court of Appeals (April 15, 2026).
This post summaries the published opinions in criminal cases issued by the North Carolina Court of Appeals on April 15, 2026.
Sufficient evidence supported denying the defendant’s motion to dismiss charges of accessing a government computer to defraud and obtaining…