Case Summaries: N.C. Court of Appeals (Feb. 18, 2026)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 18, 2026. Competent evidence supported the factual findings in the trial court’s denial of a motion to suppress; a defendant who pleads guilty has no right to appeal the denial of a motion in limine. State v. Alston, No. COA25-291 (N.C. Ct. App. Feb. 18, 2026) (Alamance). After nearly running an officer over outside a Burlington bar, the defendant was charged with impaired driving. She entered an Alford plea. On appeal, she argued that the trial court erred by denying her pretrial motion to suppress and subsequent motion in limine to exclude a toxicology report and other expert testimony. As to the motion to suppress, the court of appeals concluded that the trial court’s denial of the motion was supported by competent evidence of seven findings of fact indicating that the officer had probable cause to arrest. Those findings included the defendant’s bad driving, a strong odor of alcohol, and initial refusal to perform field sobriety testing. As to the motion in limine, the appellate court pointed out that a defendant who pleads guilty has no right to appeal the denial of a motion in limine. Therefore, the court dismissed that portion of the appeal for lack of jurisdiction. The trial court erred by proceeding to trial and entering judgment without first determining that a defendant’s competency had been restored; a new trial is required when a meaningful retrospective determination of competency is not [...]