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
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The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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