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
#NCPROTIP
Displaying 11 - 15 of 60
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.
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.
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
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.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
- ‹ Previous
- 3 of 12
- Next ›