December 1 is approaching, which means that many of the changes enacted by the General Assembly this session will be taking effect soon. Among the pending changes are those enacted by Iryna’s law (H 307), which I covered in greater detail in an earlier blog post. This follow-up post focuses on the new category of “violent...
NC Criminal Law
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The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
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.
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
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