Following an epic loss to Carolina at the Dean Dome, Duke University’s head basketball coach claimed that his staff members were punched in the face and trampled by overzealous UNC fans when they stormed the court following Seth Trimble’s game-winning, buzzer-beating three-pointer. The local prosecutor’s office takes those kinds of allegations seriously. After an investigation into the matter, District Attorney Jeff Nieman concluded the allegations were a flop, noting there was “zero...
NC Criminal Law
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Improper venue is waivable, while improper jurisdiction ordinarily is not.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
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.
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