James Comey is back in the news. The United States Department of Justice has filed a criminal information against the former Director of the FBI accusing him of revealing sensitive information to a reporter in 2016. Comey says he is innocent. He has also moved to dismiss the information based on the running of the statute of limitations. This post sets out a timeline of events, describes the most recent developments, and provides some legal context on the parties’...
NC Criminal Law
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
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.
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 court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
- 1 of 12
- Next ›