“It is part of the audacity of the American project to believe that collective security can coexist with individual freedom.” So begins the recent Fourth Circuit decision addressing the scope and secrecy of orders issued to LinkedIn by the government under the Stored Communications Act (“SCA”) for the records of journalists as a part of a leak investigation. The case remains shrouded in secrecy—the only specifics are that a news organization published an article at...
NC Criminal Law
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Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
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).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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.
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.
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