The AP reports that yesterday, “[a] former Army National Guard member who had spent eight years in prison for attempting to aid the Islamic State opened fire on a classroom at Virginia’s Old Dominion University . . . before ROTC students subdued and killed him.” The assailant killed Lt. Col. Brandon Shah and injured two other people. The perpetrator has been identified as...
NC Criminal Law
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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).
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
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.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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