Under Brunson, clear guidelines now exist for all parties involved in criminal trials regarding exactly when jeopardy attaches in a nonjury trial in North Carolina. This Note will analyze the court's decision. First, this Note will present the facts that were before the Brunson court. Second, this Note will discuss the history of double jeopardy and the conflicting views of when it attaches in a bench trial. Third, this Note will analyze the Brunson decision and its effect on criminal procedure in North Carolina. Finally, this Note concludes that although the time period adopted by the court is correct, the court's reasoning was inconsistent.
John M. Nunnally, Double Jeopardy - When Does Jeopardy Attach in a Non-Jury Trial in North Carolina? - State v. Brunson, 13 Campbell L. Rev. 123 (1990).