Case Summaries: N.C. Court of Appeals (Nov. 19, 2025)

This post summarizes published criminal opinions released by the North Carolina Court of Appeals on November 19, 2025. In defendant’s trial for possession with intent to manufacture, sell, or deliver methamphetamine, (1) the trial court did not err by refusing to instruct the jury about the different isomers of methamphetamine or that the State must prove the presence of a controlled substance by a scientifically valid chemical analysis; (2) The trial court did not err by denying defendant’s motion to dismiss on the basis that the State failed to present sufficient evidence of a controlled substance. State v. Dean, No. COA24-654 (N.C. Ct. App. Nov. 19, 2025) (Stading). The defendant in this Johnston County case was convicted in a jury trial of possession with intent to manufacture, sell, or deliver methamphetamine and possession of drug paraphernalia. The jury further found the defendant had obtained habitual felon status. After entering a defective notice of appeal, the defendant petitioned the court of appeals for certiorari review, which it granted. The defendant argued that the trial court erred by (1) declining to deliver the special jury instructions distinguishing among different isomers of methamphetamine and specifying that the State had to prove the presence of a controlled substance by a “‘[s]cientifically valid analysis’” and (2) denying his motion to dismiss the charge of possession with intent to sell and deliver methamphetamine “as the State failed ‘to produce evidence that the seized substance contained an illegal isomer . . . as opposed to a legal isomer.’” [...]