A common issue that comes up in public defender offices is whether an attorney can ethically represent a particular client when a victim or witness in the current case is a former client of the office. Cross-examination of the former client may require use of a conviction arising from the prior representation or may require exploring areas that overlap with confidential information shared with the office. These concerns present a potential conflict of interest for...
NC Criminal Law
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The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
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