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N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal

Loaded on April 19, 2018 by Dale Chappell published in Criminal Legal News May, 2018, page 13
Filed under: Criminal Prosecution, Appeals. Location: North Carolina.

by Dale Chappell

Deviations from statutory requirements are not jurisdictional and must be “properly preserved” for appellate review and not raised for the first time on appeal, the North Carolina Supreme Court held on November 3, 2017.

After Sandra Brice was found guilty by a jury in …

 

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  1. Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
  2. New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
  3. New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions, by Derek Gilna
  4. Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification, by Richard Resch
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  8. Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers, by Steve Horn
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  10. Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance, by Derek Gilna
  11. Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination, by David Reutter
  12. Philadelphia Tests Automating the Bail Risk Assessment Process, by David Reutter
  13. Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim, by Christopher Zoukis
  14. The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments, by Matthew Clarke
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  16. Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana, by Dale Chappell
  17. Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case, by Richard Resch
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  20. Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional, by Richard Resch
  21. Texas District Attorney Stops Prosecuting Trace Drug Cases
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  27. 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, by David Reutter
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  29. Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant, by Matthew Clarke
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  49. News in Brief

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