In Monday’s post, Jeff mentioned the expanded authority for license plate readers included in the state budget. News stories this week exemplify arguments on both sides of the issue of expanded use of cameras and other law enforcement technologies. WRAL reported...
NC Criminal Law
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A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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.
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