Tuesday, December 21, 2010

NC Supreme Court Criminal Decisions, Dec. 21, 2010

The Supreme Court only issued one criminal decision today.

State v. Jihad Rashad Melvin, from Onslow County.

In a First Degree Murder case, the trial court failed to instruct the jury that it could not convict the defendant of both 1st degree murder and accessory after the fact to first degree murder. The jury convicted the defendant of both and the trial judge vacated judgment on the after the fact count.

The Court of Appeals ordered a new trial. Read post here.

While murder and accessory after the fact are mutually exclusive offenses, the Supreme Court took away the appellate relief, stating that the error was harmless.

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