I wrote here about the North Carolina Court of Appeals decision in State v. Calderon, 290 N.C. App. 344 (2023), which set forth a new test for determining whether multiple acts of touching a child during a single encounter can support multiple counts of indecent...
NC Criminal Law
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.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
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