NC Criminal Law
In Part I of this three-part series revisiting Simeon v. Hardin, 339 N.C. 358 (1994), I explored the district attorney’s calendaring practices that were challenged in the landmark case, and I discussed the first of three major issues: pretrial delays for tactical advantage. In this second part, I will explore the second major issue: trial orders that lack “order.”
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An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.