In Monday’s post, Jeff mentioned the expanded authority for license plate readers included in the state budget. News stories this week exemplify arguments on both sides of the issue of expanded use of cameras and other law enforcement technologies. WRAL reported...
NC Criminal Law
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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.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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.
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