IV. Standard of Proof Upon Defendant's Motion To Dismiss

• Jurisdiction: North Carolina

IV. STANDARD OF PROOF UPON DEFENDANT'S MOTION TO DISMISS

Defendants have other opportunities to make motions to the trial court based upon standards of proof. The most common are motions to dismiss at the close of the State's evidence, and then again at the close of all of the evidence. If such a motion is granted during a jury trial, the jury does not consider the evidence or determine the defendant's guilt or innocence. The case is dismissed prior to their "getting" the case. As a matter of superior court procedure, sound defense practice mandates that defense counsel make a motion to dismiss at the close of the State's evidence and at the close of all the evidence in every trial. This preserves these motions on appeal and gives a convicted person the opportunity to have appellate courts consider whether the trial court correctly applied the standard of proof when it denied the motions.

North Carolina case law has addressed the standard of proof for these...