On Monday, the United States Supreme Court granted certiorari review in Jouppi v. Alaska, a case involving a bush pilot’s appeal of the forfeiture of his $95,000 airplane because his passenger’s grocery bags contained three cases of beer (at least a six-pack of which Jouppi knew about because it was visible in the bag) and Jouppi was prepared to fly the...
NC Criminal Law
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A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
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).
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.
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