Federal prosecutors moved to dismiss charges against former Louisville officers Joshua Jaynes and Kyle Meany, who had been accused of falsifying the warrant that preceded the 2020 police raid in which Breonna Taylor was killed. A federal judge had twice reduced the felony charges to misdemeanors, finding no direct causal link between inaccuracies in the warrant and Taylor’s death....
NC Criminal Law
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If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
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.
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.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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