Following an epic loss to Carolina at the Dean Dome, Duke University’s head basketball coach claimed that his staff members were punched in the face and trampled by overzealous UNC fans when they stormed the court following Seth Trimble’s game-winning, buzzer-beating three-pointer. The local prosecutor’s office takes those kinds of allegations seriously. After an investigation into the matter, District Attorney Jeff Nieman concluded the allegations were a flop, noting there was “zero...
NC Criminal Law
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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.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
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).
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
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.
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