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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If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.