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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Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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.
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.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
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