One of the top stories this week was the announcement by the Department of Justice that they intend to recommend a one-day, time-served sentence for former Louisville, Kentucky police officer, Brett Hankison. Hankinson was tried and convicted in federal court for using excessive force in violation of Breonna Taylor’s civil rights. Taylor was killed by ......
NC Criminal Law
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Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
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.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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