Elizabeth Holmes, who was convicted in 2022 for defrauding investors and is now serving time in federal prison, claimed this week that a key piece of evidence against her was a “false claim,” per this story from the N&O. Holmes founded the blood-testing startup Theranos in 2003. At trial, evidence showed that Holmes, without authorization, affixed drug companies’ logos to internal Theranos reports...
NC Criminal Law
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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 the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
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.
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
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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