Criminal Law in North Carolina
Administration of Justice Bulletins
This page provides access to the texts of Administration of Justice Bulletins (AOJ Bulletin) that discuss issues involving criminal law and procedure. School of Government copyright notice is found at the end of each Bulletin. Texts of most bulletins published before 1998 are not provided here, with a few exceptions listed below.
Resources
This bulletin describes the kind of misconduct by judges that results in discipline from the North Carolina Supreme Court or the Judicial Standards Commission. It is an update to Administration of Justice Bulletin No. 2013/03, published in April 2013.
This bulletin explains the hearsay rule and the key exceptions to it that arise in North Carolina criminal cases.
This bulletin concerns three closely related statutory provisions that target repeat serious offenders: the habitual felon laws, the violent habitual felon laws, and the habitual breaking and entering laws.
This bulletin explains the rules on the admissibility of character evidence in criminal trials. In criminal cases, character evidence typically only becomes an issue when the proponent seeks to introduce it to show that a person acted in conformity with that character on a particular occasion. This is often referred to as evidence of propensity. In this context, character evidence is offered as circumstantial evidence of guilt or innocence, and it constitutes substantive evidence.
A probation violation hearing is less formal than a criminal trial, but it still requires certain procedures as a matter of state statute and constitutional due process. This bulletin sets out the law applicable to probation violation hearings in North Carolina.
The admissibility of Rule 404(b) evidence is one of the most litigated evidence issues. The rule pertains to evidence of other crimes, wrongs, or acts. This bulletin explains Rule 404(b) and provides a framework for analyzing admissibility issues regarding other crimes, wrongs, or acts evidence
Since the United States Supreme Court’s decision in Crawford v. Washington, and even more so after its ruling in Melendez-Diaz v. Massachusetts, interest has been growing in the use of remote testimony as a method to satisfy the Confrontation Clause when a witness cannot be present at trial. Almost all recent proposals for implementation of remote testimony have called for remote two-way testimony. This bulletin discusses the viability of such a technique and alternatives to it.
This bulletin focuses on the procedures governing civil license revocation and the seizure and impoundment of motor vehicles. This discussion is flanked at the beginning by a review of police processing procedures in implied consent cases and at the end by two appendixes. Appendix A contains Administrative Office of the Courts (AOC) forms referenced in the discussion, and Appendix B presents flowcharts illustrating the processes for ordering the revocation of a civil license and the seizure of motor vehicles.
Recently the General Assembly made significant changes to the statutes governing decedents’ estates. These amendments included an effort to capture the range of contested estate issues into a general, defined category and to set rules to govern them. The new legislation designates these matters as “estate proceedings” and goes on to specify the procedures that apply to their adjudication—from filing to litigation to hearing to appeal. This bulletin discusses the new procedural framework for contested estate proceedings.
Under the new Crawford analysis, a testimonial hearsay statement by a person who does not testify at trial is inadmissible unless the prosecution establishes unavailability and a prior opportunity to cross-examine. Courts have struggled to apply this analysis to various types of forensic reports, including autopsy reports, drug tests and chemical analysts’ affidavits. This bulletin examines Williams v. Illinois, the U.S. Supreme Court’s latest decision applying Crawford to forensic reports, and analyzes its implications on criminal cases in North Carolina.
This bulletin discusses the sentencing provisions of G.S. 20-179, which governs sentencing for impaired driving and related offenses. It reviews the process for determining aggravating and mitigating factors, outlines the sentencing options for defendants sentenced at the various statutory levels, and describes the manner in which sentences under G.S. 20-179 are served, including provisions for awarding jail credit and granting parole.
This bulletin reviews the constitutional and statutory law on public access to court records in North Carolina and also discusses whether North Carolina courts might recognize a judicial privilege for judges’ notes and drafts.
A key statutory exception to the rule against enforcing contractual attorney fee provisions is found in Section 6-21.2 of the North Carolina General Statutes, which allows enforcement of attorney fee provisions in notes, conditional sale contracts, and “other evidence of indebtedness” under certain circumstances. Since 1967, this statute has been the main statutory exception applicable to fee provisions in contracts and the subject of much case law. In June 2011, the North Carolina General Assembly added another major exception by creating G.S. 6-21.6, which authorizes courts to enforce reciprocal attorney fee provisions in business contracts. This bulletin discusses the law surrounding the existing statute and introduces new G.S. 6-21.6.
This bulletin summarizes and clarifies in question-answer format, the rules regarding checkpoints used to enforce North Carolina's motor vehicle laws. It is intended for use by judges, lawyers, and law enforcement officers.
This bulletin discusses procedural issues that arise in connection with motions for appropriate relief filed in the trial division including for example, grounds that can be asserted, timing rules, counsel issues, discovery, procedural default, hearings, standards and burdens, and appeal.
This bulletin explains the current state of confrontation clause law. It covers the U.S. Supreme Court's decisions in Crawford, Davis, and Melendez-Diaz. Also discussed are post-Crawford North Carolina cases and new North Carolina legislation enacted in response to the high Court's decision in Melendez-Diaz. Finally, the bulletin offers a simple flowchart for analyzing confrontation clause issues.
This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 2009.
In addition to enacting the motions procedures for implied consent cases upheld by the court of appeals in State v. Fowler and State v. Palmer, the Motor Vehicle Driver Protection Act of 2006 enacted provisions designed to avoid dismissals of cases based upon the North Carolina Supreme Court's opinion in State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988), in which the court ordered the dismissal of impaired driving charges against three defendants based upon the denial of access to witnesses. This bulletin examines Knoll and its progeny and their relationship to procedural requirements designed to ensure that defendants charged with implied consent offenses are afforded an opportunity to gather evidence for their defense.
This bulletin explains procedures enacted by the Motor Vehicle Driver Protection Act of 2006 that govern the filing of motions to suppress and motions to dismiss in implied consent cases in district court, the determination of such motions, and the process for appealing those determinations. The bulletin also examines the North Carolina Court of Appeals' decisions in State v. Fowler, ___ N.C. App. ___, 676 S.E.2d 523 (2009), in which the court upheld the motions procedures as constitutional and explained the circumstances and manner in which they applied, and State v. Palmer, ___ N.C. App. ___, 676 S.E.2d 559 (2009), in which the court clarified the mechanism by which a state may appeal a district court's determination of such a motion.
Law enforcement officers and prosecutors frequently wish to access information about a suspect's electronic communications, such as phone calls, text messages, and e-mails. This bulletin explains the legal standards and procedures governing such access, as well as the remedies available for noncompliance with those procedures. The bulletin covers both state and federal law, and addresses both statutory and constitutional considerations. It is intended for use by judges, lawyers on both sides, and officers.
This bulletin addresses two of the most common special evidentiary issues in sexual assault cases: the admissibility of evidence about the complainant's sexual history and the admissibility of evidence of prior sexual misconduct by the defendant.
This bulletin discusses the authority of judges to set time limits on trials and other court proceedings.
This bulletin provides a resource for judges and lawyers involved in sexual assault cases based on conduct before 2001, and includes a chart listing the most commonly charged offenses in sexual assault cases and showing how those charges evolved over the years between 1950 and 2000. The bulletin also describes the major sentencing regimes that existed before Structured Sentencing.
This bulletin addresses evidence issues that require special consideration in cases involving child victims and child witnesses, including competency, oath or affirmation, examination of child witnesses, control of the courtroom, admissibility of a child's out-of-court statements, and opinion testimony.
This bulletin explores the criminal indictment, focusing on issues of fatal defect, fatal variance, and when the indictment may be amended.
This bulletin defines involuntary civil commitment, describes the commitment process, and focuses on the magistrate's role in the process that potentially leads to involuntary civil commitment. It includes discussions on criteria for issuing a custody order, the procedure for initiating involuntary commitment, emergency commitment for mentally ill and substance abuse respondents, transportation orders, and more.
The General Assembly passed three major acts affecting criminal law and procedure in 2006. One significantly expanded the obligations of and restrictions on individuals who are required to register as sex offenders. The second created a new commission to review claims of innocence by individuals who have been convicted of felonies. The third made sweeping changes to the state’s impaired driving laws. The first two acts, along with the many other acts passed in 2006 that affect criminal law and procedure, are discussed in the body of this bulletin. The impaired driving act is summarized in the attached paper by James C. Drennan. Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number
later. Copies of the bills may be viewed on the General Assembly’s website, http://www.ncga.state.nc.us/.
The most significant legislation enacted by the General Assembly in the field of criminal law and procedure was what has become known as the Blakely bill, which responds to rulings of the United States Supreme Court that rendered unconstitutional portions of North Carolina’s sentencing statutes. As is common in most sessions, the General Assembly also passed legislation on a wide array of criminal law and procedure topics. Most of the attention was paid to creating and revising criminal offenses, including new restrictions on the sale of pseudoephedrine, a cold medication ingredient also used to manufacture methamphetamine, and revamped laws on identity theft and exploitation of an elderly or disabled adult. The General Assembly also passed legislation that indirectly involves criminal law, expanding the collateral consequences of criminal convictions by requiring sex-offender registration for a wider range of offenses and requiring criminal history checks for a wider range of employment and other activities.
Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number later. Copies of the bills may be viewed on the web site of the General Assembly, http://www.ncga.state.nc.us/.
Discusses The Federal Arbitration Act (FAA) preemption of state law and sets out the analytical steps state courts should follow in addressing issues of FAA preemption.
Deals with the third of three authorizations North Carolina law allows for magistrates to take guilty pleas. N.C.G.S. 7A-273(1) provides that magistrates may accept guilty pleas or admissions of responsibility and enter judgment for infractions in which the maximum penalty that can be imposed is not more than $50 and for Class 3 misdemeanors (Class 3 misdemeanor jurisdiction).
Explains retroactivity analysis and then applies it to two recent decisions of the United States Supreme Court: Crawford v. Washington and Blakely v. Washington.
Addresses service of process on members of the United States Armed Forces and civilians located on military property.
Addresses some commonly-encountered issues related to international service of process, particularly those arising under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, also known as the Hague Convention.
The General Assembly enacted three major pieces of legislation in the field of criminal law and procedure as well as numerous smaller acts. The General Assembly significantly expanded the discovery rights of both the defense and prosecution in criminal cases. It enacted a package of legislation recommended by the House Select Committee on Domestic Violence, making changes that affect domes tic violence prosecutions and criminal law generally. And, it significantly increased the punishments for offenses involving the controlled substance methamphetamine.
Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number later. Copies of the bills may be viewed on the website for the General Assembly, http://www.ncga.state.nc.us/.
Explores the scope of limitations on a judge's authority when a conviction or sentence is set aside on direct appeal or collaterally through a motion for appropriate relief.
This bulletin summarizes the 2003 legislative changes affecting criminal law and procedure. It covers criminal offenses, criminal procedure, evidence, domestic violence, juveniles, motor vehicles, law enforcement, sentencing and corrections, court administration, and studies related to criminal law and procedure.
Addresses the question: What authority does the trial court have to correct an error on its own motion after entry of judgment in a criminal case? The answer depends on when the error is discovered and who benefits from it.
This bulletin summarizes the 2002 legislative changes affecting criminal law and procedure. It covers criminal offenses, criminal procedure, victim assistance and domestic violence, motor vehicles, law enforcement, sentencing and corrections, collateral consequences, court administration, and studies related to criminal law and procedure.
Discusses two separate provisions to regulate the behavior of convicted impaired drivers, enacted by the 1999 North Carolina General Assembly. Includes a list of drivers covered by each provision, the length of time the provision is applicable, the methods by which each provision is enforced, and the consequences of a violation of each provision.
The longest legislative session in state history resulted in no major overhauls in the field of criminal law and procedure but it did reach into many different areas and produced some significant changes. Perhaps the most important legislation came in the death penalty area, with the General Assembly sparing mentally retarded people from the death penalty and allowing prosecutors greater discretion to choose between seeking life imprisonment or death as the punishment for first-degree murder.
Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number later. Copies of the bills may be viewed on the website for the General Assembly, http://www.ncleg.net/.
Discusses the special pretrial release rules that apply to domestic violence crimes.
Link to free, online version of Domestic Violence Crimes Chart
One procedural issue that arises in connection with MARs is whether they can be resolved on the filed papers or whether hearings are necessary or re-quired. This bulletin addresses that issue, setting out the law governing when a hearing is required on a MAR and discussing the related issue of the showing the movant must make to succeed on a MAR.
The purpose of this bulletin is to aid courts and litigants in their analysis of procedural default by explaining the relevant law, and to provide simple rules for opinion writing to ensure that state court decisions on procedural default are respected in the federal habeas process.
The 2000 General Assembly made few substantive changes in the state’s criminal law and procedure. Of the criminal legislation enacted, the most significant involved the legality of video poker machines and the procedure for forfeiture of bail bonds. The General Assembly did, however, reorganize a crucial part of the administration of the criminal justice system—indigent defense.
Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number later.
As in most sessions, the 1999 General Assembly made numerous changes to the state’s criminal laws. The changes were of a more technical nature than in previous sessions, however. Offenses were created and revised, punishments raised, and procedures modified, but few major initiatives were enacted. Perhaps the most groundbreaking legislation this session involved limiting prosecutors’ authority over the criminal calendar. The General Assembly also toughened the laws concerning offenses at schools, controlled substances, and impaired driving.
Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number later.
The book Law of Sentencing, Probation, and Parole in North Carolina, Second Edition 1997, by Stevens H. Clarke, was published in October 1997. It covered relevant court decisions through March 1996, as well as legislation through the 1996 General Assembly session. An addendum inserted in the book summarized legislative changes in the 1997 session.
This bulletin supplements the 1997 book. It covers the 1997 legislation summarized in the addendum to the book as well as legislation during the 1998 session. It also summarizes relevant decisions since March 1996 by the North Carolina Supreme Court and Court of Appeals. The information is organized under the appropriate titles of the book’s chapters, with references to relevant page numbers. The abbreviation “FSA” refers to the Fair Sentencing Act and “SSA” to the Structured Sentencing Act (called “SSL” in the book).
Like the 1997 book, this bulletin does not cover capital punishment. For information on that subject, please see the School of Government book North Carolina Capital Case Law Handbook, by Jeffrey B. Welty.
The 1998 session of the General Assembly was a relatively quiet one in the field of criminal law and procedure, or at least in what traditionally has been considered part of that field. Few changes were made in areas such as the elements of criminal offenses or pretrial and trial procedure.
The General Assembly was far more active in less traditional areas, but ones that more and more are being linked to the administration of criminal justice. The most extensive changes were to the state’s juvenile justice laws, which govern juveniles alleged to be delinquent or undisciplined. Readers interested in the new juvenile laws, which are not discussed here, should refer to Janet Mason, 1998 Legislation: Juvenile Law Reform, ADMINISTRATION OF JUSTICE BULLETIN 98/03 (Institute of Government, Dec. 1998).
The General Assembly also passed the Crime Victims’ Rights Act, implementing the state constitutional amendment on victims’ rights passed by the North Carolina voters in 1996, and made substantial revisions to the motor vehicle forfeiture laws enacted in 1997. The first part of this bulletin concentrates on these two pieces of legislation. The remainder describes other criminal legislation, primarily affecting controlled substance offenses but also addressing a few other criminal offenses, miscellaneous aspects of criminal procedure, and sentencing.
Discusses the law applicable to conflicts that pit an individual's desire to exercise his or her personal religious beliefs against the state's need to establish governmental rules and norms that have the effect of prohibiting such practices and forcing the individual to choose between obtaining a governmental benefit or exercising one's religious beliefs.
This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 1997.
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This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 1996.
This bulletin discusses legislation affecting criminal law and procedure passed by the North Carolina General Assembly in 1995.
This paper is intended to serve as a reference source on the developing law of voluntary intoxication in North Carolina. It examines the current state of the law and suggests areas that may continue to be sources of dispute. The article discusses the following topics: (1) the elements of the voluntary intoxication defense; (2) the applicability of the defense to different offenses; (3) evidentiary issues; (4) the burdens on the defense and prosecution; and (5) jury instructions.
This paper is intended to serve as a reference source on the major issues that have arisen in diminished capacity cases in North Carolina. The paper discusses the following subjects: (1) the nature of the defense recognized in North Carolina; (2) the applicability of the defense to different offenses; (3) evidentiary problems in raising the defense; (4) the defendant's burden of presenting evidence; (5) the prosecution's burden of persuasion; and (6) jury instructions.