Additional information came to light last week in the case against Luigi Mangione, the 27-year-old man accused of murdering UnitedHealthcare CEO Brian Thompson, during a key pretrial hearing on a motion to suppress. At issue was whether the search of Mangione’s backpack in an Altoona, PA, McDonald’s five days...
NC Criminal Law
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The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
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