North Carolina Lawyers Weekly

Feb 3, 2026

Criminal Practice – Motion to Suppress – Good Faith Exception to the Exclusionary Rule

The Constitutions of the U.S. or North Carolina do not require the exclusion of the disputed cell-site location information (CSLI). We reversed the Court of Appeals’ decision reversing the trial […]

Feb 3, 2026

Criminal Practice – Evidence of Nazi Memorabilia – Insanity Defense Reform Act

While Defendant was entitled to possess despicable Nazi symbols, the jury was entitled to consider that fact when deciding whether he assaulted the victims because of their race, color, and […]

Feb 3, 2026

Criminal Practice – Castle Doctrine Jury Instructions – State v. Phillips

The erroneous instructions in this case probably resulted in defendant’s conviction rather than acquittal. We reversed and remanded for a new trial. Defendant shot and killed Brandon Adams in 2020 […]

Feb 3, 2026

Criminal Practice – Element of Penetration – Statutory Sex Offense with a Child

The State’s evidence supporting the element of penetration “is sufficient for jury consideration” on whether Defendant committed the offense of statutory sex offense with a child by an adult. The […]

Feb 3, 2026

Criminal Practice – Subject Matter Jurisdiction – Revocation of Probation

The trial court lacked jurisdiction to revoke Defendant’s probation. Because of the lack of evidence that Defendant was either (1) sentenced in Guilford County; (2) violated probation in Guilford County; […]

Feb 3, 2026

Criminal Practice – Cell Tower ‘Handoff’ Location Data – Expert Witness

The trial court acted within its discretion in admitting Agent Putman’s testimony under Rule 702; any asserted discovery violation under N.C. Gen. Stat. §15A-903(a)(2) was unpreserved. There was no reversible […]

Feb 3, 2026

Criminal Practice – Requirement to Register as a Sex Offender – Enhanced Sentence

Since Defendant had to register as a sex offender in North Carolina, he was not entitled to relief on his challenge to his §2260A conviction. We granted rehearing and affirmed. […]

Feb 3, 2026

Criminal Practice – Career Offender Designation – Ex Post Facto Clause

We discerned no error in the district court’s conclusion that Defendant’s prior judgment was a controlled substance offense. Further, the district court did not violate the Ex Post Facto Clause […]

Feb 3, 2026

Criminal Practice – Custodial Interrogation – Plain Error Review

We found no error with respect to defendant’s conviction for possession of methamphetamine and no plain error with respect to the remaining charges. No error; no plain error. Defendant appealed […]

Feb 3, 2026

Criminal Practice – Felony Possession of Controlled Substance – Jury Instruction

The trial court improperly entered judgment against Defendant on an offense on which the jury was not instructed. We vacated Defendant’s conviction for Felony Possession of a Schedule VI Controlled […]

Feb 3, 2026

Criminal Practice – Felony Child Abuse – Aiding and Abetting

The trial court erred in denying Defendant’s motion to dismiss her aiding and abetting convictions and one count of felony child abuse. The trial court did not err in admitting […]

Feb 3, 2026

Criminal Practice – Robbery with a Dangerous Weapon – Kidnapping Charge

The restraint of the victim was a separate, complete, and independent of the restraint inherent in Defendant’s Robbery With a Dangerous Weapon (RWDW), and the trial court would not have […]