As of this morning, the jury in the Lindsay Clancy trial remains deadlocked for the seventh day. Clancy, accused of killing her three children, faces charges including murder, second-degree murder, and manslaughter, or may be found not criminally responsible due to her mental health at the time of the deaths. Courtroom tensions escalated...
NC Criminal Law
#NCPROTIP
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An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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