North Carolina Lawyers Weekly

Sep 23, 2025

Mangione fights death penalty in UnitedHealth CEO slaying case

Lawyers for Luigi Mangione seek to block the death penalty in the killing of UnitedHealthcare CEO Brian Thompson, citing bias and politics.

Jul 22, 2024

Indictment valid with ‘essential elements’ of crime

The North Carolina Supreme Court ruled that an indictment is valid if it provides sufficient facts for a defendant to prepare a defense, despite technical defects.

Jan 9, 2020

DA denied third crack at prosecuting case

A years-long effort to prosecute a Henderson County man accused of trying to beat his wife to death may have reached its end. The North Carolina Court of Appeals instructed […]

Oct 23, 2019

Witnesses’ no-show triggered double jeopardy

The failure of three key prosecution witnesses to show up for a trial necessitated that the charges against the defendant be dismissed rather than having a mistrial declared, the […]

Sep 20, 2019

Dismissed charges after hung jury triggered double jeopardy

Jeopardy attaches when a jury is empaneled and continues following a mistrial until a terminating event occurs, the North Carolina Supreme Court has ruled, affirming the decision to vacate […]

May 22, 2018

Criminal Practice – Constitutional – Double Jeopardy – Hung Jury – Prosecutor’s Dismissal

Where (1) defendant was indicted for murder; (2) a jury was empaneled but was unable to reach a verdict; (3) weeks after the mistrial, the trial court held a homicide […]

May 16, 2018

Court cites double jeopardy in vacating murder conviction

RALEIGH (AP) North Carolina judges have vacated a second-degree murder conviction after finding that prosecutors violated double-jeopardy principles when they tried the defendant a second time. The state Court of […]

Apr 12, 2018

North Carolina couple charged in death of man beaten as baby

BOLIVIA (AP) A North Carolina man who was beaten so badly as a toddler that he became deaf and blind has died, and prosecutors have charged a couple who already […]

Jun 15, 2017

Different jurisdictions, but same conspiracy

An argument by prosecutors that a drug dealer engaged in two separate conspiracies and could be prosecuted in separate Virginia districts has failed to persuade judges of the 4th U.S. […]

Jun 7, 2017

Criminal Practice – Two Charges Violated Double Jeopardy

U.S. v. Jones (Lawyers Weekly No. 001-122-17, 17 pp.) (Thacker, J.) No. 15-4763, June 1, 2017; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Holding: A defendant who pleaded guilty […]

May 3, 2017

Criminal Practice – Court Need Not Decide Double Jeopardy Claim

Robinson v. Thomas, Warden (Lawyers Weekly No. 001-095-17, 23 pp.) (Agee, J.) No. 16-11, April 27, 2017; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: The 4th Circuit upholds […]

Dec 29, 2016

Criminal Practice — Constitutional – Double Jeopardy – Attempted Murder Indictment – Incomplete – Attempted Voluntary Manslaughter – Contested Mistrial

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 […]