With increased immigration enforcement in North Carolina, Immigrations and Customs Enforcement is considering plans to construct and open at least three new jails to house detainees. Two potential jails may be opened in Greensboro, one at the site of the former American Hebrew Academy and the other at an unknown location. A third potential site is located in Winton, NC, in the northeastern part of the state,...
NC Criminal Law
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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.
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
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.
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.
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