Just over a week ago, former FBI Director James Comey was indicted in the Eastern District of North Carolina. This press release from the United States Department of Justice explains that Comey faces two counts. The first alleges that he “knowingly and willfully made a threat to take the life of . . . the President of the United States . . . by publicly posting...
NC Criminal Law
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If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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