DA Reviewing Next Steps After Supreme Court Decision In Braswell Case

District Attorney says prosecutors will review case before deciding whether to retry former Johnston County commissioner

SMITHFIELD, N.C. – The North Carolina Supreme Court has declined the State’s request to review an appellate court ruling that overturned former Johnston County Commissioner Richard D. Braswell’s felony conviction and ordered a new trial.

The decision leaves intact a January 2026 ruling by the N.C. Court of Appeals that vacated Braswell’s 2024 conviction for taking indecent liberties with a child.

In separate orders, the Supreme Court denied the State’s petition for discretionary review and its petition for a writ of supersedeas on Aug. 12. A writ of supersedeas is an order from a higher court that temporarily stops a lower court’s ruling from taking effect while the higher court considers whether to review the case. The orders were officially made publi Aug. 18.

The Supreme Court also dissolved a temporary stay that had been entered while the State sought further review.

The decision does not dismiss the criminal charge against Braswell. Instead, the case remains subject to the Court of Appeals order sending it back to Johnston County Superior Court for a new trial.

Johnston County District Attorney Jason Waller said his office is aware of the Supreme Court’s decision and will review all available information before deciding how to proceed.

Prosecutors have not yet announced whether they will retry Braswell.

Conviction Vacated In January

Braswell was convicted Oct. 7, 2024, following a two-week trial in Johnston County Superior Court.

A jury found him guilty of one count of taking indecent liberties with a child. He was sentenced to 20 to 33 months in prison and ordered to register as a sex offender for 30 years.

Braswell appealed.

On Jan. 21, 2026, a unanimous three-judge panel of the Court of Appeals vacated the conviction and ordered a new trial after finding an evidentiary error during the original proceedings.

The appellate court concluded the trial judge improperly permitted prosecutors to introduce testimony supporting the accusing witness’s reputation for honesty even though Braswell’s defense had not attacked her general character for truthfulness in a way that allowed such testimony under the Rules of Evidence.

Five witnesses were permitted to testify about the girl’s reputation for honesty during the 2024 trial. The Court of Appeals determined that testimony should not have been admitted.

The appeals court said the case largely turned on the credibility of the accusing witness and concluded there was a reasonable possibility the improperly admitted testimony affected the jury’s verdict.

The conviction and sentence were vacated and the case was returned to Johnston County for a new trial. The appellate court did not address Braswell’s remaining arguments because it found the evidentiary issue sufficient to require a new proceeding.

State Sought Supreme Court Review

Rather than immediately proceeding with another trial, the State sought review by North Carolina’s highest court.

The State filed a petition asking the Supreme Court to exercise discretionary review of the Court of Appeals decision. It also sought a writ of supersedeas to prevent the appellate ruling from taking effect while the issue was considered.

Both requests have now been denied.

The Supreme Court’s orders do not provide an explanation for declining to hear the case.

With the State’s attempt to obtain Supreme Court review concluded, attention now returns to Johnston County and whether the District Attorney’s Office will proceed with a second trial.

Case Dates Back To 2022

Braswell was arrested June 29, 2022, following an investigation by the Johnston County Sheriff’s Office.

The investigation began after a 13-year-old girl and her family contacted authorities earlier that month and reported an alleged inappropriate interaction with an adult male acquaintance. Braswell was subsequently charged with taking indecent liberties with a child.

At the time, Braswell was serving on the Johnston County Board of Commissioners representing District 3.

He had been appointed to the board in December 2021 to fill an unexpired term and later won election to a four-year term in November 2022.

Following Braswell’s 2024 conviction, county commissioners began the process of filling his vacant seat.

The Court of Appeals ruling setting aside the conviction was not a determination that Braswell was innocent. It found that errors during his trial required the conviction to be vacated and the case retried if prosecutors elect to continue pursuing the charge.

No date has been announced for further proceedings in Johnston County Superior Court.