The jury in the Lindsay Clancy case was in its seventh day of deliberations when we posted last week’s News Roundup. Later that day, the trial judge declared a mistrial; jurors had reported on three occasions that they were unable to reach a verdict. The prosecutor said there would not be an immediate decision about whether to retry 36-year-old Clancy for killing her three young children. The AP...
NC Criminal Law
#NCPROTIP
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If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
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