Several chapters in the criminal law and evidence sections of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Indictments, written by Joe Hyde, which begins by noting the significance of the North Carolina Supreme Court’s decision in State v. Singleton, 386 N.C. 183 (2024). Singleton, as you may recall, concluded that the...
NC Criminal Law
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
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