The television series Friends was a staple of my young adult life. So in 2022 when Matthew Perry published his memoir, Friends, Lovers, and the Big Terrible Thing, I was eager to hear his story. In that work, Perry laid bare his decades-long struggle with addiction, though he ended the book on a hopeful note, reporting his then-current sobriety and his desire to someday marry and have children. A year later, Perry was found dead in a hot tub in his home. The...
NC Criminal Law
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
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