Any time you have a defense named in the Latin language you better do your research before arguing in front of the judge. In a DWI case, a Corpus Delicti issue is potentially a defense where there is a “naked confession,” or an admission of drinking and driving but little other corroborating evidence of the crime of DWI. In this episode, Jake explains when a Corpus Deliciti defense may be a triable issue and what North Carolina specific cases have addressed this issue in the context of driving while impaired.
Discover the power of the Superior Court Judge’s Benchbook and how to use this resource in arguing your case to a district or superior court judge.
Listen as Jake outlines the corpus deliciti defense and how this defense differs from similar issues related to the sufficiency of evidence in a DWI case related to driving and timing of impairment.
Learn the difference between a confession and admission in the context of corpus deliciti.
For further research on this issue read: State. v. Trexler, 316 N.C. 528 (1986), State v. Brown, 87 N.C. App 13 (1987), State v. Cruz, 173 N.C. App. 689 (2005), State v. Highsmith, 173 N.C. App. 600 (2005).
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