This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on May 22, 2026.
There was no Harbison error where (1) the defendant agreed to allow counsel to concede both elements of possession of a
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 6
Case Summaries: N.C. Court of Appeals (May 20, 2026)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 20, 2026.
Trial counsel was not ineffective on multiple grounds asserted by defense; however, on whether it was ineffective to fail to use…
The Front Door of the Delinquency System: Intake and Evaluation
One of the unique aspects of juvenile delinquency procedure is the intake and evaluation process. This mandatory process precedes commencement of a delinquency court action and determines if an initial allegation ever makes its way to court. It is implemented…
A/N/D Reporting: Rights, Protections, and Division and/or Prosecutor Review
Editor’s note: This post first appeared on the School of Government’s blog directed at civil law and procedure. It is cross-posted here because the content is also pertient for prosecutors, judges, and other actors in the criminal justice system.
Like…
Case Summaries: Fourth Circuit Court of Appeals (April 2026)
By Phil Dixon
This post summarizes criminal law and related cases released by the Fourth Circuit Court of Appeals during April of 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit are available here.
Search…
Judicial Retention Elections in North Carolina
By Shea Denning
A colleague recently came into my office carrying Volume 3 of the General Statutes of North Carolina Annotated by Lexis Nexis (what we attorneys call “the green book”) with a sticky note at the entry for G.S. 7A-4.1. The…
Precision in Agreed-Upon Sentences
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…
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…