Federal prosecutors moved to dismiss charges against former Louisville officers Joshua Jaynes and Kyle Meany, who had been accused of falsifying the warrant that preceded the 2020 police raid in which Breonna Taylor was killed. A federal judge had twice reduced the felony charges to misdemeanors, finding no direct causal link between inaccuracies in the warrant and Taylor’s death....
NC Criminal Law
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
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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