State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-954

§15A‑954.  Motion to dismiss – Grounds applicable to all criminalpleadings; dismissal of proceedings upon death of defendant.

(a)        The court on motionof the defendant must dismiss the charges stated in a criminal pleading if itdetermines that:

(1)        The statute allegedto have been violated is unconstitutional on its face or as applied to thedefendant.

(2)        The statute oflimitations has run.

(3)        The defendant hasbeen denied a speedy trial as required by the Constitution of the United Statesand the Constitution of North Carolina.

(4)        The defendant'sconstitutional rights have been flagrantly violated and there is suchirreparable prejudice to the defendant's preparation of his case that there isno remedy but to dismiss the prosecution.

(5)        The defendant haspreviously been placed in jeopardy of the same offense.

(6)        The defendant haspreviously been charged with the same offense in another North Carolina courtof competent jurisdiction, and the criminal pleading charging the offense isstill pending and valid.

(7)        An issue of fact orlaw essential to a successful prosecution has been previously adjudicated infavor of the defendant in  a prior action between the parties.

(8)        The court has nojurisdiction of the offense charged.

(9)        The defendant hasbeen granted immunity by law from prosecution.

(10)      The pleading fails tocharge an offense as provided in G.S.  15A‑924(e).

(b)        Upon suggestion tothe court that the defendant has died, the court upon determining that thedefendant is dead must dismiss the charges.

(c)        A motion to dismissfor the reasons set out in subsection (a) may be made at any time. (1973,c. 1286, s. 1.)