NC Criminal Law

Shea Denning on Friday, September 11th, 2026

The jury in the Lindsay Clancy case was in its seventh day of deliberations when we posted last week’s News Roundup. Later that day, the trial judge declared a mistrial; jurors had reported on three occasions that they were unable to reach a verdict. The prosecutor said there would not be an immediate decision about whether to retry 36-year-old Clancy for killing her three young children. The AP...

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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.

G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.

If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument. 

The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.

The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.