The week began with the report of the capture in Mount Airy of an armed fugitive wanted for murder. Michael Puckett is accused of killing one Virginia sheriff’s deputy and wounding another after they came to his home in Fancy Gap, Virginia last Friday for a welfare check. Puckett was apprehended Sunday evening after he rang the doorbell of a rural Mt. Airy home. The Charlotte Observer...
NC Criminal Law
#NCPROTIP
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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).
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
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