“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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An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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