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Criminal Practice — Subject Matter Jurisdiction – Indictment Allegations – Obstruction of Justice
North Carolina Lawyers Weekly Staff//January 20, 2022//
Criminal Practice — Subject Matter Jurisdiction – Indictment Allegations – Obstruction of Justice
North Carolina Lawyers Weekly Staff//January 20, 2022//
Although the caption of defendant’s indictment included the words “obstruction of justice,” this was insufficient to correct the indictment’s omission of an essential element: that defendant obstructed, prevented, impeded, or hindered justice.
We vacate the judgment against defendant and remand for a new disposition.
Defendant’s Alford plea did not waive his right to appeal. A defendant may challenge the sufficiency of the indictment despite having knowingly and voluntarily pled guilty to the charge.
But where defendant has elected to repudiate a portion of his plea agreement, we must vacate the entire underlying plea agreement and remand for a new disposition.
State v. Acklin (Lawyers Weekly No. 012-017-22, 7 pp.) (Jefferson Griffin, J.) Appealed from Pitt County Superior Court (Jeffery Foster, J.) Caden William Hayes for the state; Wyatt Orsbon for defendant. 2022-NCCOA-16
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