NC Criminal Law

Phil Dixon on Friday, July 26th, 2024

 The lead criminal law story this week relates to the Illinois deputy charged in connection with the fatal shooting of Sonya Massey in her Springfield, Illinois home on July 6. After the 36-year-old woman called 911 to report a suspicious person nearby, local deputies responded. Once deputies were inside the home, Massey reportedly acted strangely and...

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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 court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.

A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).

If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.

An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).