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
#NCPROTIP
Displaying 11 - 15 of 60
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).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
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.
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.
- ‹ Previous
- 3 of 12
- Next ›