On Tuesday, President Trump delivered the State of the Union address. The address included mentions of immigration and fentanyl, with the President spotlighting the designation of Mexican drug cartels as foreign terrorist organizations and his assertion that he had declared illicit fentanyl a “weapon of mass destruction.” As reported by NPR, applying terrorism tools to narcotics groups is a novel use of...
NC Criminal Law
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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.
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
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