A defendant who claims self-defense may offer evidence of the victim’s prior violent conduct, if known to the defendant, to demonstrate the reasonableness of the defendant’s fear of the victim. Under Rule 404(b), however, evidence of other crimes, wrongs, or acts, is generally constrained by the requirements of similarity and temporal proximity between the past and present conduct. In State v...
NC Criminal Law
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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.
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.
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