More than thirty years before the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963), determined that the Sixth Amendment guarantee of appointed counsel for indigent defendants charged with felonies applied to state court prosecutions, the court in Powell v. Alabama, 287 U.S. 45 (1932), recognized a due process right to appointed counsel...
NC Criminal Law
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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.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
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