Criminal – Case Law Wire

North Carolina Appellate Procedure Criminal

North Carolina Court of Appeals

State v. Simpson — Rule of Lenity Bars Two Concealed-Weapon Convictions for a Single Incident; Probation Period Also Vacated

/ July 17, 2026

The North Carolina Court of Appeals vacated a consolidated judgment entering two counts of carrying a concealed firearm under N.C. Gen. Stat. § 14-269(a1) arising from discovery of two guns in a single traffic stop. Applying the rule of lenity under the Conley line of cases, the court held that § 14-269(a1)’s “any pistol or gun” language is ambiguous as to unit of prosecution, permitting only one conviction per incident. The court also vacated a twenty-four-month probationary term imposed without the specific written findings required to exceed the statutory eighteen-month cap.

North Carolina Appellate Procedure Criminal Evidence

North Carolina Court of Appeals

Uncategorized

State v. Moore — Cross-Examination with Prior Flee-from-Police Incident Upheld Under Rules 404(b) and 403 as Proper Impeachment

/ June 19, 2026

The North Carolina Court of Appeals affirmed a DWI/fleeing-to-elude conviction, holding that the trial court did not err under Rule 404(b) when it allowed the State to cross-examine the defendant about a prior urban police encounter that contradicted his trial testimony that he “would have pulled over” if approached in the city, and that the Rule 403 determination did not rise to an abuse of discretion despite the evidence’s limited probative value and high prejudice potential.

North Carolina Criminal Criminal Procedure Evidence

North Carolina Court of Appeals

Uncategorized

State v. Havens — Hidden Bathroom Cameras Convictions Upheld; 1978 Privacy-Intent Element Does Not Limit Current Secret Peeping Statute

/ June 19, 2026

The North Carolina Court of Appeals affirmed convictions for secret peeping, second-degree sexual exploitation of a minor, and third-degree sexual exploitation of a minor arising from hidden charging-block cameras installed in bathrooms, holding that the 1978 “intent to invade privacy” gloss from In re Banks does not apply to the elements of the current N.C.G.S. § 14-202(f) felony secret-peeping statute.