Additional information came to light last week in the case against Luigi Mangione, the 27-year-old man accused of murdering UnitedHealthcare CEO Brian Thompson, during a key pretrial hearing on a motion to suppress. At issue was whether the search of Mangione’s backpack in an Altoona, PA, McDonald’s five days...
NC Criminal Law
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There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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).
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.
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