Not-Quite-Defective Indictments
Ordinarily, a pleading that fails to accurately allege every element of the offense is defective and is treated as a jurisdictional nullity. See, e.g., G.S. 15A-924(a)(5) (“as a prerequisite to […]
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 […]
October 3, 2012
The Court of Appeals Finds Another Fatal Defect in a Sex Offender Indictment
A couple of months ago, I blogged about State v. Herman, __ N.C. App. __ (2012), a case in which the court of appeals found a fatal defect in an […]
August 20, 2012
Fatal Variance — Use It or Lose It
A fatal defect in an indictment occurs when the indictment fails to allege an essential element of the crime charged. A fatal variance, by contrast, occurs when the facts brought […]
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