The U.S. Supreme Court agreed Monday to allow review in a case asking whether the U.S. Constitution permits a defendant to be convicted by a jury of fewer than twelve. As reported by SCOTUSBlog, Hamed Kian was...
NC Criminal Law
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Improper venue is waivable, while improper jurisdiction ordinarily is not.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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).
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