Rule 804(b)(1) – Former Testimony

Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

After a conviction, the trial court may: (1) pronounce judgment and place it into immediate execution; (2) pronounce judgment but suspend or stay its execution; or (3) continue prayer for judgment (commonly known as a “PJC”). State v. Thompson, 267 N.C. 653 (1966). The term “PJC” is somewhat confusing because it can be used to describe three very different scenarios:

The state has a right to appeal in juvenile cases, but it is significantly more limited than the right to appeal which is afforded to the juvenile (discussed below). Under G.S. 7B-2604(b), the state’s appeal in delinquency cases is limited to the following orders: 

1. An order finding a state statute to be unconstitutional; or 
2. Any order that “terminates the prosecution of a petition” by: