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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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.
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.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
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