Years ago, I wrote this post about when evidence of an officer’s prior misconduct must be disclosed by the prosecution as material impeachment information under Giglio v. United States, 405 U.S. 150 (1972). The Fourth Circuit recently decided a...
NC Criminal Law
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The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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.
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.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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