The U.S. Department of Justice indicted Raúl Castro, the 94-year-old former president of Cuba, for his role in ordering the 1996 downing of two planes. The planes were flown by Brothers to the Rescue, a humanitarian group searching for Cuban migrants at sea. The attack killed four people, including three U.S. citizens. Castro and five other former senior Cuban military officials are...
NC Criminal Law
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Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
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.
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.
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