On Monday, the United States Supreme Court granted certiorari review in Jouppi v. Alaska, a case involving a bush pilot’s appeal of the forfeiture of his $95,000 airplane because his passenger’s grocery bags contained three cases of beer (at least a six-pack of which Jouppi knew about because it was visible in the bag) and Jouppi was prepared to fly the...
NC Criminal Law
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In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
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