Tensions in Minneapolis escalated again Wednesday night as a federal agent shot and wounded a man during an arrest, an incident the Department of Homeland Security said followed a “violent assault” on an officer. The man...
NC Criminal Law
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The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
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