Last month, a federal judge dismissed mortgage fraud charges against New York Attorney General Letitia James based on what the court determined was the improper appointment of Acting United States Attorney Lindsay Halligan. Prosecutors pursued a new indictment last week, but a grand jury declined to charge James. This week, the Government tried again with a different grand jury, which also refused to issue charges. Defense attorney Abbe Lowell promptly proclaimed that “[a]ny further attempt...
NC Criminal Law
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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.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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