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
Displaying 1 - 5 of 60
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
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).
- 1 of 12
- Next ›