Carolina Criminal Defense & DUI Lawyer UpdatesIn North Carolina v. Capps, the North Carolina Court of Appeals examined two key issues arising from a felonious possession of stolen goods conviction: (1) whether the 
evidence was sufficient to prove the defendant’s constructive possession of stolen property; and (2) whether the trial court erred by excluding as hearsay certain testimony during cross-examination.
The published April 2025 opinion provides insight into how appellate courts analyze hearsay preservation requirements and the evidentiary threshold for constructive possession in criminal cases. The court ultimately found no error, emphasizing the importance of proper trial procedure (like making an offer of proof for excluded evidence) and outlining the incriminating circumstances that supported submitting the case to the jury. Below, we break down the court’s reasoning on each issue and highlight practical lessons for attorneys and judges handling similar evidentiary and sufficiency questions.
Facing serious felony charges can be overwhelming. At Powers Law Firm, we offer steady, experienced guidance to help navigate the legal system with clarity and care. We represent clients across the Charlotte metro region, including Union, Iredell, Mecklenburg, Gaston, Rowan, and Lincoln Counties. To talk through your situation and explore your options, call 704-342-4357.
hemp consistent with N.C.G.S. 90-87, NC PJI 260.10, NC PJI 260-15, NC PJI 260.17 et al, and North Carolina v. Ruffin. To that end, it’s helpful to provide
threshold. Specifically, 
guidance on marijuana identification in the post-hemp era. The defendant in 
impartial jury despite his fame and the salacious allegations? This is no ordinary case – nearly everyone has heard of P. Diddy. The worry is that half the jury pool could be star-struck fans while the other half have already judged him guilty based on headlines.
DUI charges or other criminal matters where BAC plays a role, understanding hemolysis, BAC testing, and its implications can help in reviewing the evidence.
inaccurate or misleading BAC when the decedent—who, in criminal cases, may be considered a victim—had alcohol in their system.
the offense may be charged as first-degree murder under what is commonly called the “felony murder rule.” Under this doctrine, a homicide arising from the perpetration or attempted perpetration of such a felony is treated as first-degree murder, even in the absence of premeditation or deliberation.
communications can strengthen or undercut a case when introduced at trial. Yet questions of authenticity—Is the social media content and the source of those materials identifiable?—and relevance—Does it matter to the issues being tried?—are becoming more and more common during trials.