As of this morning, the jury in the Lindsay Clancy trial remains deadlocked for the seventh day. Clancy, accused of killing her three children, faces charges including murder, second-degree murder, and manslaughter, or may be found not criminally responsible due to her mental health at the time of the deaths. Courtroom tensions escalated...
NC Criminal Law
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An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
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).
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