Just over a week ago, former FBI Director James Comey was indicted in the Eastern District of North Carolina. This press release from the United States Department of Justice explains that Comey faces two counts. The first alleges that he “knowingly and willfully made a threat to take the life of . . . the President of the United States . . . by publicly posting...
NC Criminal Law
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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.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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