The U.S. Supreme Court agreed Monday to allow review in a case asking whether the U.S. Constitution permits a defendant to be convicted by a jury of fewer than twelve. As reported by SCOTUSBlog, Hamed Kian was...
NC Criminal Law
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A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
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 judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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