NC Criminal Law

Brittany Bromell on Friday, April 4th, 2025

On Wednesday, the Michigan Supreme Court held in a 5-1 opinion that the odor of marijuana alone isn’t a sufficient reason for police to conduct a warrantless search of a car. In 2018, the possession and use of small amounts of marijuana by people who are at least 21 years old became legal. However, the law specifies that marijuana cannot be used while operating a vehicle.

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A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.

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.

The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.

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.

Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.