Tag Archives: Double Jeopardy

Criminal Practice — Constitutional – Double Jeopardy – Attempted Murder Indictment – Incomplete – Attempted Voluntary Manslaughter – Contested Mistrial (access required)

  State v. Schalow (Lawyers Weekly No. 011-434-16, 31 pp.) (John Tyson, J.) Appealed from Henderson County Superior Court (Mark Powell, J.) N.C. App. Holding: The original indictment against defendant was insufficient to allege attempted murder, but it was sufficient ...

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Criminal Practice – Constitutional – Double Jeopardy – Felony Speeding to Elude Arrest – Reckless Driving & Driving While License Revoked – Aggravating Factors (access required)

State v. White (Lawyers Weekly No. 15-16-0264, 6 pp.) (Linda McGee, C.J.) Appealed from Forsyth County Superior Court (David Hall, J.) N.C. App. Unpub. Holding: Where defendant was convicted of driving while license revoked (DWLR) and reckless driving, and where ...

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Criminal Practice — Constitutional – Double Jeopardy Argument – Attorneys – Ineffective Assistance of Counsel Claim – Statutory Rape & Second-Degree Rape (access required)

State v. Banks (Lawyers Weekly No. 14-06-1200, 11 pp.) (Cheri Beasley, J.) (Barbara Jackson & Robert Hunter, JJ., not participating) Appealed from Rowan County Superior Court (Anna Mills Wagoner, J.) On discretionary review from the Court of Appeals. N.C. S. ...

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