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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The trial court erred by finding that the defendant had “gang affiliation” and ordering gang restrictions in the judgment. G.S. 14-50.25 provides that when a defendant is found guilty of a criminal offense relevant to the statute “the presiding judge shall determine whether the offense involved...
The trial court erred by making a determination under G.S. 14-50.25 that the offenses involved criminal street gang activity outside of defendant’s presence and without giving him an opportunity to be heard; vacating and remanding for a new sentencing hearing. A finding of criminal street gang...