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NC Criminal Law

Christopher Tyner on Friday, May 20th, 2022

This week, yet again, America mourns a mass shooting after a young white man attacked the Tops Food Market in Buffalo, New York, killing thirteen people, eleven of them Black, in what appears to be premeditated murder motivated by racism.  Along with the fact, toll, and motivation of the shooting, accomplished as others with a legally purchased assault rifle, is an additional hallmark of our time – the suspect plotted and broadcast the attack on the internet.  Keep reading for more on this...

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An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).

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.

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.

Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.

A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).