Legal Opinion
State v. Brunson
Supreme Court of North Carolina
Decided July 26, 1990No. 564A89PublishedCited by 13 opinions
1Opinion of the Court
MEYER, Justice.
Defendant appeals the decision of the Court of Appeals, holding that jeopardy did not previously attach in his nonjury criminal trial because no testimony or evidence was introduced. We conclude that in a nonjury criminal trial, jeopardy attaches when the court begins to hear evidence or testimony. We therefore affirm the order of the Court of Appeals.
As the procedural context of the case is determinative of the issue presented, we set it out in some detail. On 5 May 1987, defendant was charged with driving while impaired (DWI) in violation of N.C.G.S. § 20-138.1 and with…
2Cases cited29 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. JarmanCourt of Appeals of North Carolina · 2000
- State v. FowlerCourt of Appeals of North Carolina · 2009
- State v. CourtneySupreme Court of North Carolina · 2019
- Parrish v. StateCourt of Appeals of Texas · 1995
- State v. WardCourt of Appeals of North Carolina · 1997
8 more not listed; retrieve them via the Exa API.