The AP reports that yesterday, “[a] former Army National Guard member who had spent eight years in prison for attempting to aid the Islamic State opened fire on a classroom at Virginia’s Old Dominion University . . . before ROTC students subdued and killed him.” The assailant killed Lt. Col. Brandon Shah and injured two other people. The perpetrator has been identified as...
NC Criminal Law
#NCPROTIP
Displaying 11 - 15 of 60
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.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
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.
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.
- ‹ Previous
- 3 of 12
- Next ›