Local prosecutors in Minneapolis say they have received evidence from federal authorities pertaining to the killings of Renee Good and Alex Pretti by ICE agents in January. For months since the killings, evidence was withheld from local law enforcement, preventing state investigators from conducting a thorough review. Hennepin County...
NC Criminal Law
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The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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 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.
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.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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