Variations on State v. Singleton: Surplus Theory in State v. Tate.
After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all the elements of a crime. One issue that remains unresolved […]
August 26, 2024
Did State v. Singleton Bring a Sea Change in the Law of Indictments?
The North Carolina Supreme Court’s opinion in State v. Singleton, No. 318PA22, __ N.C. __ (2024), brings about a transformation of North Carolina indictment law. The case “ends [a] centuries […]
June 11, 2024
A Pink Shirt on Wednesday: State v. Singleton and the End of the Common Law Jurisdictional Indictment Rule
In its last batch of opinions, issued May 23, 2024, the North Carolina Supreme Court decided two indictment cases: State v. Singleton, No. 318PA22, __ N.C. __ (2024), and State […]
May 14, 2024
Sufficient to Allege: Short-circuiting Short-forms in State v. Singleton and State v. Crowder
Statutes prescribing simplified charging language were intended to alleviate the burdensome pleading requirements of the common law. See Wayne R. LaFave, et al., Criminal Procedure § 19.1(c). Indeed, where a […]
March 12, 2024
Within the Four Corners: Scouring Indictments for Missing Elements in State v. Jackson and State v. Coffey.
Two recent opinions from the Court of Appeals illustrate the remarkable controversy currently underway over the specificity required of indictments. In State v. Coffey, No. COA22-883, 2024 WL 675881 (N.C. […]
January 9, 2024
The Surest Point of All the Law: Evolving Standards in State v. Lancaster
Reminiscent of the Wars of the Roses, our Supreme Court’s recent opinion in State v. Lancaster, __ N.C. __, 895 S.E.2d 337 (2023), concerns an offense first codified in 1328 […]
February 14, 2023
So Your Indictment May Be Flawed: What Now?
A non-lawyer might be forgiven for being somewhat confused by the rules governing indictments. The basics are summarized easily enough: a trial court’s jurisdiction depends on a facially valid indictment; […]
July 18, 2019
Arrest of Judgment
When can a court arrest judgment in a case? And what does it mean to do so?
January 14, 2019
North Carolina Sticks with the Rule that Omitting an Element in an Indictment Deprives the Court of Jurisdiction – at Least for Now
Shortly before Christmas, the state supreme court decided a littering case captioned State v. Rankin, __ N.C. __, __ S.E.2d __, 2018 WL 6714931 (Dec. 21, 2018). The majority ruled […]
September 12, 2016
Charging Greater and Lesser-Included Offenses Separately
Is it proper to charge a defendant separately with a greater offense and with a lesser-included offense? For example, is it proper to charge a defendant with robbery and with […]
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