On Monday, the United States Supreme Court granted certiorari review in Jouppi v. Alaska, a case involving a bush pilot’s appeal of the forfeiture of his $95,000 airplane because his passenger’s grocery bags contained three cases of beer (at least a six-pack of which Jouppi knew about because it was visible in the bag) and Jouppi was prepared to fly the...
NC Criminal Law
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A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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).
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.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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