In my last post, I noted that I am doing more work in the area of extradition. The news generated a lot of great questions, many of which I hope to address in future posts. This next installment of extradition-related blogs details the basic principles of detention and release in extradition cases.
NC Criminal Law
#NCPROTIP
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The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
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