NC Criminal Law
If you’re reading this, we made it at least one more week before the robots take over. Here’s a look at the week’s criminal law news.
Halligan, James, and Comey. The Fourth Circuit heard arguments this week on whether Lindsey Halligan was properly appointed as the interim U.S. Attorney for the Eastern...
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
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.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).