The jury in the Lindsay Clancy case was in its seventh day of deliberations when we posted last week’s News Roundup. Later that day, the trial judge declared a mistrial; jurors had reported on three occasions that they were unable to reach a verdict. The prosecutor said there would not be an immediate decision about whether to retry 36-year-old Clancy for killing her three young children. The AP...
NC Criminal Law
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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.
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
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