Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
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On appeal, the defendant’s sole argument was that the trial court erred because his waiver of counsel was not voluntary and was a result of the defendant’s belief that representing himself was the only way to avoid delaying his trial. On May 19, 2019, the defendant requested that his first...
In this case involving a waiver of counsel at a probation revocation hearing and the defendant’s appeal of the trial court’s revocation of her probation, the court declined to dismiss the appeal due to the defendant’s failure to comply with Rule 4 of the Rules of Appellate Procedure and...
In this drug trafficking case, the trial court did not err by requiring the defendant to represent himself at trial. In September 2013, the defendant appeared before a Superior Court Judge and signed a waiver of counsel form. In December 2013 the defendant appeared before another judge and...
Because the trial court properly conducted the inquiry required by G.S. 15A-1242, the court rejected the defendant’s argument that his waiver of counsel, in connection with a probation violation hearing, was not knowing and voluntary. In addition to finding that the trial court’s colloquy with...
The trial court did not err by allowing the defendant to waive his right to counsel and proceed pro se. Notwithstanding the defendant’s refusal to acknowledge that he was subject to court’s jurisdiction, the trial court was able to conduct a colloquy that complied with G.S. 15A-1242. The court...
Although the trial court misstated the maximum sentence during the waiver colloquy, it adequately complied with G.S. 15A-1242. The trial court twice informed the defendant that if he was convicted of all offenses and to be a habitual felon, he could be sentenced to 740 months imprisonment, or...
The trial court did not err when taking the defendant’s waiver of counsel. The trial court complied with the statute and asked the standard waiver questions in the judges’ bench book. The court rejected the defendant’s argument that the waiver was invalid because the trial judge did not inform...
Based on the trial court’s extensive colloquy with the defendant, the trial court properly took a waiver of counsel in compliance with G.S. 15A-1242.
(1) The defendant’s waiver of counsel was sufficient even though a box on the waiver form was left blank and the form was executed before the court advised the defendant of the charges and the range of punishment. Citing State v. Heatwole, 344 N.C. 1, 18 (1996), and State v. Fulp...
In this Davidson County case, defendant appealed his conviction for felony fleeing to elude arrest, arguing (1) error in finding he had waived or forfeited his right to counsel and (2) plain error by allowing the State to introduce foundationless expert testimony by a law enforcement officer...