In my last post, I noted that I am doing more work in the area of extradition. The news generated a lot of great questions, many of which I hope to address in future posts. This next installment of extradition-related blogs details the basic principles of detention and release in extradition cases.
NC Criminal Law
#NCPROTIP
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Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
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