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.
Highlights:
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).
