…may be protected by absolute immunity, on the theory that Giglio-related decisions are decisions about which witnesses to call, which is an essentially prosecutorial function. See LaCoe v. City of…
…Charging DWI. When charging a defendant with the misdemeanor offense of driving while impaired, the State is not required to allege its theory of impairment. A pleading is sufficient if…
The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory…
…culpable negligence. (For a discussion of the negligence theory of assault, see Jessica Smith, North Carolina Crimes 113 (7th ed. 2012).) A few other charges are possible. If Gary’s yard…
…as a theory of first-degree murder under the felony-murder rule; although the State did not use the plead-to felony as the underlying felony, it used it derivatively to prove the…
…transaction,” i.e., that the use of the weapon may come after the taking. (For example, the continuous transaction theory applies when a defendant takes an item from a victim, the…
…was “calculated to deceive and did deceive” was not defective even though the state’s evidence showed that the victim was not deceived). By contrast, the submission of an unsupported theory…
…conspiracy theory, has reached a plea agreement with federal prosecutors. Welch is expected to enter the plea at a hearing scheduled for March 24; details of the agreement were not…
…time of the last drink, and the person’s weight. . . . In addition, there appears to be general disagreement on some of the fundamental aspects of the theory, such…
…was insufficient evidence to support his conviction when the jury was instructed on a theory of guilt—here, display of an expired inspection certificate—that did not apply in his case when,…
