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 the trial court to dismiss all of the remaining charges, ...

Tagged with: 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 North Carolina Court of Appeals has ruled. A unanimous panel ...

Tagged with: 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 a defendant’s murder conviction on double jeopardy grounds. James Harold ...

Tagged with: Double Jeopardy

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 status hearing; and (4) the prosecutor filed a Form AOC-CR-307 ...

Tagged with: Double Jeopardy

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 Appeals ruling May 15 throws out the guilty verdict against James ...

Tagged with: Dismissal Double Jeopardy mistrial N.C. Court of Appeals

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 served more than a decade in prison for the crime ...

Tagged with: Bolivia Brunswick County child abuse Double Jeopardy murder

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. Circuit Court of Appeals. The 4th Circuit unanimously held June ...

Tagged with: 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 to a drug conspiracy count in the Eastern District of ...

Tagged with: Double Jeopardy

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 a district court decision to abstain from intervening in two ...

Tagged with: Double Jeopardy

  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 ...

Tagged with: Double Jeopardy mistrial