According to the Orange County (CA) District Attorney’s Office, a dozen mentally ill defendants facing criminal charges could be released if the county cannot find a facility to house them. District Attorney Todd Spitzer said that mentally ill inmates go to state hospitals for up to two years to restore competency to move forward with ... Read more...
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.
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
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