Following an epic loss to Carolina at the Dean Dome, Duke University’s head basketball coach claimed that his staff members were punched in the face and trampled by overzealous UNC fans when they stormed the court following Seth Trimble’s game-winning, buzzer-beating three-pointer. The local prosecutor’s office takes those kinds of allegations seriously. After an investigation into the matter, District Attorney Jeff Nieman concluded the allegations were a flop, noting there was “zero...
NC Criminal Law
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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.
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.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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.
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