NC Criminal Law
Chapel Hill police announced yesterday afternoon that Miguel Enrique Salguero-Olivares was arrested on Thursday morning and charged with first-degree murder in the death of Faith Hedgepeth, a UNC student who was killed in September 2012 in her off-campus apartment. Keep reading for more on this story and other news.
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The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
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.
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).
