NC Criminal Law
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during September 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.
No violation of the defendant’s right to counsel of his choice where his...
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).
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
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.
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.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.