On Wednesday this week, Austin Thompson entered guilty pleas to five counts of murder and other charges stemming from a 2022 mass shooting in a Raleigh neighborhood. The defendant, who was 15 years old at the time, killed five people, including his brother and an off-duty Raleigh police officer. He also wounded another officer and another civilian before he apparently shot himself in the head and was apprehended. According to defense counsel, the defendant’s resulting brain injury has made...
NC Criminal Law
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If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
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