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...
NC Criminal Law
#NCPROTIP
Displaying 11 - 15 of 60
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
- ‹ Previous
- 3 of 12
- Next ›