Attorneys practicing in criminal superior court are likely familiar with the process of giving notice of appeal to the appellate division. Under Rule 4(a) of the North Carolina Rules of Appellate Procedure, a defendant can give notice by either (1) giving oral notice of appeal “at trial,” or (2) by filing a written notice of appeal within 14 days after entry of judgment and serving it on the State. A recent case explains what counts as “at trial” for purposes of giving notice of appeal....
NC Criminal Law
on Wednesday, September 18th, 2024
#NCPROTIP
Displaying 1 - 5 of 60
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
- 1 of 12
- Next ›