Last month, a federal judge dismissed mortgage fraud charges against New York Attorney General Letitia James based on what the court determined was the improper appointment of Acting United States Attorney Lindsay Halligan. Prosecutors pursued a new indictment last week, but a grand jury declined to charge James. This week, the Government tried again with a different grand jury, which also refused to issue charges. Defense attorney Abbe Lowell promptly proclaimed that “[a]ny further attempt...
NC Criminal Law
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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).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
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