NC Criminal Law
If you’re reading this, we made it at least one more week before the robots take over. Here’s a look at the week’s criminal law news.
Halligan, James, and Comey. The Fourth Circuit heard arguments this week on whether Lindsey Halligan was properly appointed as the interim U.S. Attorney for the Eastern...
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 defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).