Part 2: Double Jeopardy and Beyond
For our last official criminal justice class, we heard from five more teams of students about their research projects. (At the students’ request, we also scheduled an extra evening session […]
June 28, 2018
When a Defendant Agrees to Two Trials Instead of One, Can He Claim that Double Jeopardy Bars the Second?
A Virginia grand jury indicted Michael Currier for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon for his alleged involvement in stealing a safe containing […]
May 16, 2018
State v. Courtney: Retrying the Defendant after Charges Have Been Dismissed
James Courtney was charged with first degree murder in 2009 for shooting and killing James Deberry outside Deberry’s Raleigh apartment. Courtney was tried on those charges in December 2010. The […]
March 21, 2017
Mistrial Leads to Double Jeopardy Violation in State v. Schalow
In State v. Schalow (Dec. 20, 2016), the trial court’s error in declaring a mistrial led to a successful claim of double jeopardy by the defendant and allowed him to […]
November 21, 2016
Shoplifting and Larceny
I recently had occasion to think about the relationship between shoplifting and larceny.
October 29, 2015
Driving While Impaired with Children in the Car
When you can’t find what you’re looking for in North Carolina, you may have to extend your search out of state. Case in point: I’ve just discovered an opinion from […]
September 10, 2015
Pleading Defects and Double Jeopardy
I recently taught a class of law students about criminal pleadings. We discussed proper pleadings and defective pleadings, and the State’s ability to bring new charges against a defendant after […]
May 21, 2015
When the Trial Court Has the Last Word
Litigants sometimes are surprised by circumstances in which a trial court’s ruling in a case is not capable of review on appeal. The court of appeals recognized one such situation […]
May 13, 2015
New Criminal Offenses as a Probation Violation: Different Results at Violation Hearing and Trial
Committing a new criminal offense while on probation is a violation of probation. Nowadays it’s one of the only things for which a person may be revoked. Sometimes the parties […]
April 10, 2014
Aggravating Factors in Felony Speeding to Elude Statute Are Elements for Purposes of Double Jeopardy
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors […]
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