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
#NCPROTIP
Displaying 1 - 5 of 60
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.
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.
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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.
- 1 of 12
- Next ›