News about crime, criminal justice, and the courts often tends towards the gloomy, so I’m going to start this week with some positive news. The Carolina Journal has a story noting that “[c]rime in North Carolina public schools is down for the third consecutive year, dipping 6.6% . . . according to . . . the NC Department of Public Instruction.” Unfortunately, “incidents involving...
NC Criminal Law
#NCPROTIP
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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.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
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 trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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