Blog
Appellate Court Looks at the Legality of a Traffic Checkpoint
The constitutionality and validity of traffic checkpoints is an issue that comes across the minds of many. They are viewed by some as an inconvenience and by others as a necessity in order to maintain public safety. In State of North Carolina v. Ostil Flores-Roca...
DVPO and Trial Court Meeting with Jury Examined by Appellate Court Out of Wake County
State of North Carolina v. Jesse Nathan Metcalf (COA25-624), is a North Carolina Court of Appeals opinion that was filed in June of 2026. This case arose out of Wake County and involves a Domestic Violence Protection Order (DVPO) and felonious stalking....
Another Look at a Jury Instruction on a Lesser Included Offense
In a follow-up to our summary of State of North Carolina v. Justin Isaiah Bess (COA24-945), in which the North Carolina Court of Appeals looked at the important issue of when a jury should be given an instruction on a lesser included offense, we now review State v....
When Can a Jury Receive an Instruction on a Lesser Included Offense?
In State of North Carolina v. Justin Isaiah Bess (COA24-945), an unpublished opinion of the North Carolina Court of Appeals filed in August of 2026, the Court looks at the important issue of when a jury should be given an instruction on a lesser included offense. The...
NC Court of Appeals Addresses Claim of Harbison Error
In State of North Carolina v. Wendy Sue Wishart (COA25-117), an unpublished opinion of the North Carolina Court of Appeals filed in August of 2026, the Court found that the defendant’s jury trial and conviction for first degree murder were free of errors. Although...
Expired Probation Revocation Vacated by Appeals Court
In State of North Carolina v. Vincent Todd Carpenter (COA25-776), an unpublished opinion of the North Carolina Court of Appeals from August of 2026, the Court once again considers the issue of a trial court’s revocation of probation after the probation period has...
Good Cause and the Extension of an Expired Probation
State of North Carolina v. Timothy Dylan Parrish (COA25-688), is an unpublished opinion of the North Carolina Court of Appeals from August of 2026 that addresses an issue that many criminal defense attorneys, district attorneys, and probation officials are cognizant...
Was it Really JUST a Matter of Money or Time?
State of North Carolina v. Stephen Earl Wood (COA26-257), is an unpublished opinion by the North Carolina Court of Appeals from a case out of Craven County in which the Court examined whether the trial court’s imposition of an active sentence was based on a...
Lenity, a Limiting Instruction, and an Issue of First Impression
A garden variety of issues were before the North Carolina Court of Appeals in the case of State of North Carolina v. Jeffery Michael Phelps (COA25-934). This case was filed in June of 2026 and arose out of Pitt County. The Greenville Police responded to a call of...
The Indictment You Think is Flawed Might Not Be—A Lesson From Wake County
State of North Carolina v. Kevin Leigh Wingate (184A25), is a recently filed North Carolina Supreme Court decision from a case that arose out of Wake County. Here the Court reversed the decision of the North Carolina Court of Appeals. In this matter, there were two...
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