NC Criminal Law
In Part I of this three-part series revisiting Simeon v. Hardin, 339 N.C. 358 (1994), I explored the district attorney’s calendaring practices that were challenged in the landmark case, and I discussed the first of three major issues: pretrial delays for tactical advantage. In this second part, I will explore the second major issue: trial orders that lack “order.”
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A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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.