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.
Instructions
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In this Edgecombe County case, defendant appealed his convictions for second-degree murder and aggravated serious injury by vehicle, arguing error in the denial of his motion to suppress a warrantless blood draw and motion to dismiss for insufficient evidence. The Court of Appeals found no error...
In this habitual impaired driving case, the trial court did not err in admitting the defendant’s blood test results into evidence. The court rejected the defendant’s argument that the officer’s failure to re-advise him of his implied consent rights before the blood draw violated both G.S. 20-16....
The court rejected the defendant’s argument that the right to have a witness present for blood alcohol testing performed under G.S. 20-16.2 applies to blood draws taken pursuant to a search warrant. The court also rejected the defendant’s argument that failure to allow a witness to be present...
Relying on State v. Drdak, 330 N.C. 587, 592-93 (1992), and State v. Davis, 142 N.C. App. 81 (2001), the court held that where an officer obtained a blood sample from the defendant pursuant to a search warrant after the defendant refused to submit to a breath test of his blood...
In an impaired driving case involving a fatality, the trial court properly granted the defendant’s motion to suppress blood test results. The defendant was transported an intoxilyzer room where an officer read and gave the defendant a copy of his implied consent rights. The defendant signed the...