The defendant in State v. Phillips, No. COA25-275 (N.C. Ct. App. Jan. 7, 2026), argued the trial court erred by denying his pretrial motion to dismiss based on a defective indictment. The Court of Appeals rejected the argument, finding the defendant failed to demonstrate he was prejudiced by the alleged indictment error. Until recently, when indictment defects were jurisdictional, such challenges did not...
NC Criminal Law
on Tuesday, March 10th, 2026
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A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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