NC Criminal Law
If you’re reading this, we made it at least one more week before the robots take over. Here’s a look at the week’s criminal law news.
Halligan, James, and Comey. The Fourth Circuit heard arguments this week on whether Lindsey Halligan was properly appointed as the interim U.S. Attorney for the Eastern...
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).