In 1971, the Courts Commission made a report to the North Carolina General Assembly in which it recommended adoption of a constitutional amendment that would allow for a “workable method for censuring and removing unworthy or disabled judges in North Carolina.” See Report of the Courts Commission to the North Carolina General Assembly, at 26 (1971) (hereinafter “Report”). At that time, the North Carolina Constitution set forth two methods by which a superior court or...
NC Criminal Law
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
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.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
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.
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