Under U.S. v. Leon, 468 U.S. 897 (1984), when an officer reasonably relies on a search warrant issued by neutral and impartial magistrate, evidence seized pursuant to the search warrant need not be suppressed even if the search warrant is later determined to be invalid under the Fourth Amendment of the U.S. Constitution. Id. at 912. Under State v. Carter, 322 N.C. 709 (1988), the same was not true for violations of Article 1, Sec. 20 of the North Carolina...
NC Criminal Law
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If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
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.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
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