The U.S. Supreme Court agreed Monday to allow review in a case asking whether the U.S. Constitution permits a defendant to be convicted by a jury of fewer than twelve. As reported by SCOTUSBlog, Hamed Kian was...
NC Criminal Law
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The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
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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