NC Criminal Law
In Part I of this three-part series revisiting Simeon v. Hardin, 339 N.C. 358 (1994), I explored the district attorney’s calendaring practices that were challenged in the landmark case, and I discussed the first of three major issues: pretrial delays for tactical advantage. In this second part, I will explore the second major issue: trial orders that lack “order.”
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A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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.