On Wednesday this week, Austin Thompson entered guilty pleas to five counts of murder and other charges stemming from a 2022 mass shooting in a Raleigh neighborhood. The defendant, who was 15 years old at the time, killed five people, including his brother and an off-duty Raleigh police officer. He also wounded another officer and another civilian before he apparently shot himself in the head and was apprehended. According to defense counsel, the defendant’s resulting brain injury has made...
NC Criminal Law
#NCPROTIP
Displaying 11 - 15 of 60
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.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
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).
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
- ‹ Previous
- 3 of 12
- Next ›