North Carolina Lawyers Weekly

Apr 6, 2026

Criminal Practice – Probable Cause – Police Checkpoints

The trial court did not err by denying Defendant’s motions to suppress for improper checkpoint and lack of probable cause. We affirmed the trial court’s order denying Defendant’s motion to […]

Apr 6, 2026

Criminal Practice – Concealed Firearm Statute – Probationary Period

The trial court erred in entering judgment on two firearm convictions and in imposing a 24-month probation term without requisite findings but did not err in referencing the items seized […]

Apr 6, 2026

Criminal Practice – Felony Stalking – Assault with a Firearm on a Law Enforcement Officer

The stalking indictment was sufficient and the requested jury instruction for the assault charge was unsupported by the evidence. The trial court did not err. Defendant appealed his convictions for […]

Apr 6, 2026

Criminal Practice – Diminished Capacity and Insanity – Competency

The Court found no error in the trial court’s rulings on competency, refusal of diminished capacity and insanity defenses, counsel performance, or admission of a voicemail recording. Defendant received a […]

Apr 6, 2026

Criminal Practice – Satellite-Based Monitoring – Authentication of Video

The trial court properly admitted videos depicting the offenses, but the State failed to present evidence justifying a higher risk level. The Court affirmed Defendant’s convictions for second-degree rape but […]

Mar 28, 2026

Criminal Practice – Alternate Juror – Jury Deliberations

The trial court did not err because the alternate juror did not intrude upon the jury’s deliberations at any point. We discerned no error. In 2023, a grand jury indicted […]

Mar 28, 2026

Criminal Practice – Right to Appeal – Petition for Writ of Certiorari

Defendant failed to show that the loss of the right to appeal was due to some error or act of the court or its officers, and not to any fault […]

Mar 28, 2026

Criminal Practice – Forfeiture of Counsel – Criminal Contempt

Defendant’s conduct effectively undermined the purpose of the right to counsel. Consequently, the trial court did not err in concluding Defendant forfeited his right to counsel. However, the trial court […]

Mar 28, 2026

Criminal Practice – Standing – Motion to Suppress

Defendant did not satisfy his burden of demonstrating both ownership or possessory interest in a cell phone and reasonable expectation of privacy. The trial court did not err in its […]

Mar 28, 2026

Criminal Practice – Felony Possession of Stolen Goods – Attempted Misdemeanor Larceny

The State presented substantial evidence to support the convictions. We affirmed the trial court’s denial of Defendant’s motion to dismiss. This appeal arose from Defendant’s convictions for felony possession of […]

Mar 27, 2026

Criminal Practice – Felony Cruelty to Animals Offense – Actual Knowledge

N.C.G.S. § 14-360, which establishes the felony offense of cruelty to animals, requires proof that a defendant had actual knowledge of the presence of an animal; it does not permit […]

Mar 27, 2026

Criminal Practice – Taking Indecent Liberties with a Child – Threshold Distinction between ‘Touching’ and ‘Sexual Acts’

The trial court properly found that Defendant committed three separate indecent liberties when he kissed the subject minor three times, and there was no error in Defendant’s conviction. We reversed […]