With increased immigration enforcement in North Carolina, Immigrations and Customs Enforcement is considering plans to construct and open at least three new jails to house detainees. Two potential jails may be opened in Greensboro, one at the site of the former American Hebrew Academy and the other at an unknown location. A third potential site is located in Winton, NC, in the northeastern part of the state,...
NC Criminal Law
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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.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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