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Home / Opinion Digests / Criminal Practice / Criminal Practice — DWI – Procedural Error – Constitutional – Double Jeopardy – State’s Appeal Dismissed (access required)

Criminal Practice — DWI – Procedural Error – Constitutional – Double Jeopardy – State’s Appeal Dismissed (access required)

State v. Kiselev (Lawyers Weekly No. 15-07-0505, 12 pp.) (Richard Dietz, J.) Appealed from Union County Superior Court (Tanya Wallace, J.) N.C. App. Holding: The trial court violated G.S. § 15A-1227(c) when it allowed the jury to deliberate while the court took defendant’s motion to dismiss under advisement. After the jury found defendant guilty of driving ...

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