Does Indictment Error Now Require a Showing of Prejudice?
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 […]
January 13, 2026
Good for the Goose: Court of Appeals Sustains Pre-Singleton Rule in State v. Ramsey
A short-form murder indictment generally will not support a conviction for assault. That, at any rate, was the rule prior to State v. Singleton, 386 N.C. 183 (2024) (holding that […]
July 8, 2025
Variations on State v. Singleton: Surplus Theory in State v. Tate.
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 […]
October 9, 2024
Indictment Technicalities: Gone Today and Here Tomorrow
Singleton was supposed to make things simpler. As previously reported, in that case our Supreme Court attempted to eliminate some “obsolete technicalities” of the common law by abrogating the jurisdictional […]
August 26, 2024
Did State v. Singleton Bring a Sea Change in the Law of Indictments?
The North Carolina Supreme Court’s opinion in State v. Singleton, No. 318PA22, __ N.C. __ (2024), brings about a transformation of North Carolina indictment law. The case “ends [a] centuries […]
June 11, 2024
A Pink Shirt on Wednesday: State v. Singleton and the End of the Common Law Jurisdictional Indictment Rule
In its last batch of opinions, issued May 23, 2024, the North Carolina Supreme Court decided two indictment cases: State v. Singleton, No. 318PA22, __ N.C. __ (2024), and State […]
May 14, 2024
Sufficient to Allege: Short-circuiting Short-forms in State v. Singleton and State v. Crowder
Statutes prescribing simplified charging language were intended to alleviate the burdensome pleading requirements of the common law. See Wayne R. LaFave, et al., Criminal Procedure § 19.1(c). Indeed, where a […]
June 29, 2023
State v. Newborn: Failure to Separately Indict Felon-in-Possession Did Not Deprive Court of Jurisdiction
Earlier this month, the state supreme court rejected a defendant’s challenge to his conviction for possession of a firearm by a felon pursuant to an indictment that failed to comport […]
June 15, 2023
Convictions Vacated for “Technical” Pleading Defects
Author’s Note: The Court of Appeals opinion in State v. Singleton that is discussed below was reversed by the North Carolina Supreme Court. You can read more about the North […]
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