After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all the elements of a crime. One issue that remains unresolved is the consequence of failure to allege the State’s theory. Two post-Singleton cases decided last year found reversible error when the trial court instructed the jury on a theory not alleged in the indictment. See State v. Wilson, 910 S.E.2d 407 (N.C. Ct. App. Dec. 31, 2024); State v. Little, 296 N.C. App. 424 (2024). More recently, in State v. Tate, No. COA24-450 (N.C. Ct. App. June 18, 2025), the Court of Appeals cited Singleton in support of its conclusion that the trial court did not err by instructing the jury on a theory that was not alleged in the indictment. This post examines the opinion in Tate.
Case Summaries: N.C. Court of Appeals (July 2, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 2, 2025.
State v. Aspiote and Contempt Proceedings Against a Person Who Appears Impaired in Court
In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the trial court erred in holding a defendant in direct criminal contempt for appearing in court to plead guilty with impairing substances in his system. This post will review the circumstances that led to the contempt finding in Aspiote and the Court of Appeals’ analysis of why the trial court erred and will consider a trial court’s authority to hold a person in contempt for appearing in court while impaired.
Delaying Initial Appearances and Detaining Impaired Drivers
After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S. 15A-501(2). This is for the judicial official—often a magistrate—to conduct an initial appearance. During an initial appearance, magistrates review the validity of the arrest, issue charging documents, inform the arrested person of their rights, and set pretrial release conditions (if the person is eligible). Considering these essential tasks, when may law enforcement or magistrates delay an initial appearance? And how would a delay affect a magistrate’s decision to impose an impaired driver hold under G.S. 15A-534.2, or vice versa? Read on to find out.
News Roundup
Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This ESPN story reports that he received a suspended sentence, while “[t]he mother of the [14 year old] victim . . . was convicted of sexually trafficking her daughter and sentenced to 10 years in prison after prosecutors proved she sought financial gains from Franco and laundered money.” Franco was a star for the Bulls and quickly moved up to the major league level. He had just signed an 11-year, $182 million contract with the Tampa Bay Devil Rays when he was arrested. Whether he will be able to resume his baseball career is not clear. He may have difficulty obtaining a visa to enter the United States, and Major League Baseball may take action against him as well. Additionally, he is still facing charges in his home country connected to the alleged unlawful possession of a firearm. Keep reading for more news.
Common Character Evidence Questions in Self-Defense Cases
Character evidence is one of the most challenging areas of evidence law to navigate, as Jessie Smith observes here. Jessie’s blog features a useful chart to apply Rules 404 and 405 and also links to the bench book chapter.
I find it helpful to see these rules in action with concrete examples. A common context in which the character evidence rules come into play in criminal cases is self-defense cases. This post discusses several common questions that arise, as well as some adjacent issues.
Let’s use a simple hypothetical:
The defendant is charged with shooting the victim outside of a bar after an argument about whether the victim approached the defendant’s girlfriend. The defendant claims that the victim came at him first with a knife.
The questions below deal with what the defendant can elicit about the victim and what the State can elicit about the defendant. As we work through the examples, remember that Rule 404 addresses when character evidence is admissible or inadmissible, and Rule 405 addresses the method of proof for the character evidence (reputation/opinion evidence or specific instances of conduct).
Rules 404 and 405 are included at the end of the post for reference.
Findings Required in Delinquency Dispositional Orders
Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that North Carolina appellate courts have repeatedly addressed. This blog explains the requirement for findings in delinquency dispositional orders and provides examples of findings that the North Carolina Court of Appeals has found to be sufficient.
Case Summaries: N.C. Court of Appeals (June 18, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no longer available. We will continue to post and archive new summaries here on the blog.
News Roundup
Two immigration enforcement bills have passed at the General Assembly and are now on Governor Josh Stein’s desk. The deadline for his signature or veto is today.
The first bill, SB 153, contains several provisions, one of which would require state law enforcement agencies such as the State Highway Patrol and the Department of Public Safety to contact ICE if they have someone in custody who is not a legal resident or U.S. citizen. State law enforcement officers would be trained to act as immigration officers pursuant to the 287(g) program.
The second bill, HB 318, makes updates to the previously passed HB 10. Existing law, discussed by Brittany here, requires county jails to inquire into the immigration status of individuals charged with certain felonies and high-level misdemeanors and contact ICE if the jail is unable to verify that an individual is a legal resident. The new law would expand the list of crimes for which jails would have to check status. In addition, existing law mandates that a 48-hour hold be imposed upon receipt of an ICE detainer. The updated law would require that the 48-hour hold be imposed once the individual would otherwise be released, rather than upon receipt of the detainer.
Read on for more criminal law news.